California statute of limitations Attorneys

THE DISCOVERY RULE

Sometimes it is very difficult, if not completely impossible, for someone to find the cause of injury, or to even be aware that a wrongdoing has occurred, until much later on. This could be weeks, months or even years after the fact, such as in the case of a wrongly drafted will or embezzlement from a member of staff or family lawyer. Not all injuries are obvious when they first occur. Whatever the case may be, a ‘discovery rule’ can be placed to allow a suit to be filed within a more applicable time period. It is important to understand that this is not applicable to all civil injuries and unfortunately, sometimes it is not possible to acquire the proper legal assistance before the time expires.

TOLLING THE STATUTE OF LIMITATIONS

Tolling is a way to bend the rules of a personal injury statute of limitations slightly, by stopping the clock on the statute for a period of time. Tolling a statute of limitations is comparable to pressing the pause button on a remote. Common reasons for tolling a statute of limitations include a victim of an injury being a minor at the time the injury occurred, a mentally incompetent victim (who was not mentally competent at the time the injury was sustained) and bankruptcy of the defendant. Bankruptcy of the defendant, in particular, details an ‘automatic stay’ that tolls the statute of limitation until either the stay has been lifted or the bankruptcy has been resolved.

According to California law – except for cases of medical malpractice – a minor usually has two years after their 18th birthday in order to file a tort claim. In medical malpractice claims when the minor is under six years of age, an action must be filed within a total of three years after the date of the injury, or before their eighth birthday.