Statue of Limitations in Fresno, CA

STATUTE OF LIMITATIONS - DEFINED
The legally prescribed time limit in which a lawsuit must be filed. Statutes of limitation differ depending on the type of legal claim and on state law. If you fail to file your lawsuit within the time prescribed, you are forever barred from recovering on your claim. There are different time limitations based on the type of case you are bringing. As with many legal issues, you should always consult a local attorney to determine your statute of limitations. Do not rely on internet research to determine your statute of limitations!
THE FOLLOWING ARE SOME OF THE MORE COMMON STATUTES OF LIMITATIONS:
Personal Injury: Personal injury lawsuits must be filed within two years from the time of the injury. In cases where the injury was not discovered immediately, then there is a one-year time limit from the date that the injury was discovered.


Property Damage: There is a three-year time limit to file a lawsuit for property damage, from the date that the damage occurred.


Breach of a Written Contract: In cases where there has been a breach of a written contract there is a four-year time limitation from the date that the contract was broken.


Breach of Oral Contract:
when there is a breach of an oral contract there is a three-year time limit to file a lawsuit, from the date that the contract was broken.


Government Agency Claims:
The claim filed against the government agency has a time limit of six months from the date of the incident. However, in some cases the deadline can be one year from the date of the incident. Should the claim be denied, then a lawsuit can be filed in court and the normal statutes will apply for the time limitation.

There are some crimes that do not have a statute of limitations, like murder that has no statute of limitations. If you believe that you have a claim, it can be difficult to determine the statute of limitation. If you are unsure about the amount of time you have to file a lawsuit, it is important to consult an attorney.


The court self-help resources might be helpful, but it is vital to remember if the statute of limitation expires, your lawsuit will be dismissed if this defense is asserted.

 
CLAIMS AGAINST GOVERNMENT AGENCIES
When you have a claim against a government agency, it is started with a special claim, called an “administrative claim.” This is filed with the government office or agency, before filing a claim in court. Filing this claim, it will be necessary to use the government’s form, when filing the claim.


Personal Injury Claims:
Personal injury claims include injuries and property damage. The statute of limitation is six months for these claims from the date of the injury or property damage. For this type of government claim you should review California Government Code section 905 and section 911.2. Consulting a personal injury attorney will ensure that the claim is filed properly and within the given amount of time.


Real Property Damage and Breach of Contract:
Both of these types of claims have a one-year statute of limitation from the date the property damage occurred or the contract was broken.


Once your claim has been filed with the government has 45 days to respond, to your claim. During these 45 days, if your claim is denied, then you will have six months to file a lawsuit in court from the date of the denial was mailed or hand delivered.


Government claim statute of limitations can be confusing and if there are any doubts, it is crucial to consult an experienced lawyer. They will be able to discuss the statute of limitation time period and can help protect your rights, if your government claim is denied.

 
STATUTE OF LIMITATION SUSPENSION OR TOLLING
There are some occasions when the statute of limitation is suspended for a period of time, and then will restart. This is known as “tolling the statute of limitations”, and happens in circumstances where the defendant is a minor, is in prison, is out of the state, or is insane. The tolling will end, when the minor reaches the age of 18, the person is out of prison, has returned to the state of California or is no longer insane the period of limitation will resume.


When tolling is involved in the claim against a government office or agency it can be extremely complicated and it is highly advisable to consult a lawyer.


When filing a legal claim, whether it is to the court or a government agency or office, consulting with an attorney can help to prevent errors in the computation of statute limitations or the time period that the defendant has to file their legal claim from the date of the injury.