Q.
I've heard of the term "statute of limitations," but I'm not sure what that means exactly. What happens if the statute of limitations expires?
A.
The phrase “statute of limitations” is often used among lawyers. Most people have heard it on the news or in the newspaper, but many people do not really understand what it means.
Basically, the statute of limitations is a legal term that tells you when a person has to file a lawsuit. In order to prevent unreasonable delays in litigation, the statute of limitations limits the time period in which a lawsuit can be filed. The statute of limitations is very important. If a person fails to file a lawsuit within the given time period, they may lose their rights forever.
To determine when the statute of limitations expires, you must first determine when it began. For personal injuries (such as car accidents, dog bites, or slips and falls), the statute of limitations begins when the incident occurred (you have two years to file). So if your car accident occurred on January 1, 2012, you would have until January 1, 2014 to file your lawsuit.
Statutes of limitations vary and are complex from state to state. Because the consequences of missing the statute of limitations are final and serious (you lose your right to file a lawsuit), you should consult with an attorney as soon as possible.
Below are some useful things to know about the statute of limitations in California.
- BREACH OF CONTRACT: In oral contracts, lawsuits must be brought within two years of the breach of contract. In written contracts, lawsuits must be brought within four years of the breach of contract. (Agreements to lease and rent apartments are contracts and therefore fall within this statute of limitations.)
- Fraud: You must file a lawsuit within three years from the time you discover that the fraud occurred.
Injuries resulting from assault or battery: The statute of limitations is two years from the date of injury.
- Promissory Notes: Even lawyers sometimes make mistakes. They mistakenly think that a promissory note is a written contract and has a 4-year statute of limitations. However, the statute of limitations in California is 6 years. California Commercial Code Section 3118(a).
- Defamation of a Person: Any action for defamation must be brought within one year of the alleged act, whether oral or written.
- Damage to Personal Property: The statute of limitations is three years from the date of injury.
- Medical Litigation: Medical litigation is complex, but generally speaking, it is considered to be filed within one year of discovering the medical malpractice.
- Judgment: The statute of limitations is 10 years. (So if you have a judgment, you can correct it within 10 years. After that, the judgment can be renewed for successive 10-year periods.)
Q.
I've heard of the term "statute of limitations," but I'm not sure what that means exactly. What happens if the statute of limitations expires?
A.
The phrase “statute of limitations” is often used among lawyers. Most people have heard it on the news or in the newspaper, but many people do not really understand what it means. Basically, the statute of limitations is a legal term that tells you when a person has to file a lawsuit. In order to prevent unreasonable delays in litigation, the statute of limitations limits the time period in which a lawsuit can be filed. The statute of limitations is very important. If a person fails to file a lawsuit within the given time period, they may lose their rights forever. To determine when the statute of limitations expires, you must first determine when it began. For personal injuries (such as car accidents, dog bites, or slips and falls), the statute of limitations begins when the incident occurred (you have two years to file). So if your car accident occurred on January 1, 2012, you would have until January 1, 2014 to file your lawsuit. Statutes of limitations vary and are complex from state to state. Because the consequences of missing the statute of limitations are final and serious (you lose your right to file a lawsuit), you should consult with an attorney as soon as possible. Below are some useful things to know about the statute of limitations in California. - BREACH OF CONTRACT: In oral contracts, lawsuits must be brought within two years of the breach of contract. In written contracts, lawsuits must be brought within four years of the breach of contract. (Agreements to lease and rent apartments are contracts and therefore fall within this statute of limitations.) - Fraud: You must file a lawsuit within three years from the time you discover that the fraud occurred. Injuries resulting from assault or battery: The statute of limitations is two years from the date of injury. - Promissory Notes: Even lawyers sometimes make mistakes. They mistakenly think that a promissory note is a written contract and has a 4-year statute of limitations. However, the statute of limitations in California is 6 years. California Commercial Code Section 3118(a). - Defamation of a Person: Any action for defamation must be brought within one year of the alleged act, whether oral or written. - Damage to Personal Property: The statute of limitations is three years from the date of injury. - Medical Litigation: Medical litigation is complex, but generally speaking, it is considered to be filed within one year of discovering the medical malpractice. - Judgment: The statute of limitations is 10 years. (So if you have a judgment, you can correct it within 10 years. After that, the judgment can be renewed for successive 10-year periods.)