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Statute of Limitations

A statute of limitations is the deadline for filing a lawsuit. Most lawsuits MUST be filed within a certain amount of time. In general, once the statute of limitations on a case “runs out,” the legal claim is not valid any longer.  

The period of time during which you can file a lawsuit varies depending on the type of legal claim. Here are the statutes of limitations for some common types of legal disputes:

  • Personal injury: Two years from the injury. If the injury was not discovered right away, then it is 1 year from the date the injury was discovered.
  • Breach of a written contract:  Four years from the date the contract was broken.
  • Breach of an oral contract: Two years from the date the contract was broken.
  • Property damage: Three years from the date the damage occurred.
  • Claims against government agencies: You must file a claim with the agency within 6 months (for some cases, 1 year) of the incident. If the claim is denied, you can then file your lawsuit in court but there are strict limits to when, so read the section on government claims and the chart on statute of limitations below.

Original Link: http://www.courts.ca.gov/9618.htm

 

This website is for informational purposes only. Please do not construe anything contained herein as legal advice. Each case is different depending on the facts. Most of the content on this site is based on a general application of the law that may not be applicable to your case. For the best advice, give us a call and speak with an attorney.

 

Fry Law Corporation - Main  

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Sacramento, California 95814

Phone: (916) 291-0700

Fax: (916) 848-0256

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