DID YOU KNOW?[continued from HOME page] STATUTE OF LIMITATIONSThe Statute of Limitations restricts the amount of time in which a lawsuit can be filed for a personal injury or wrongful death. These statutes vary by state and by cause of action. Most personal injury and wrongful death cases are covered by California Code of Civil Procedure Section 335.1, which requires that a civil action for assault, battery, injury or death cause by the wrongful act or neglect of someone must be filed within two years from the date of the injury or death. There are many exceptions to this general rule, such as when the injury or death happens to a someone who is a minor or declared incompetent (insane) the clock may not begin running until the person becomes an adult or is declared competent to make decisions for him or herself. Also, a lawsuit for personal injury or death caused by a medical professional must be filed within three years after the date of the injury or one year after you knew or should have known of the injury, whichever occurs first. DON’T WAIT!
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