Imagine going through the arduous process of preparing and submitting documents for a legal claim but later finding out that your legal claim is no longer valid. This is why it is essential to act quickly and understand how the statute of limitations might impact your situation.
What is a statute of limitations?
A statute of limitations is the deadline for filing a lawsuit. Different statutes of limitations apply depending on the type of legal claim. Depending on the gravity of the crime, a statute of limitations can range between 6 months to having no limitation period at all. Can someone file a claim after the time period has lapsed? In general, the injured party’s legal claim is no longer valid and they can no longer seek a legal resolution.
Two years is the limit for product liability in California
California’s Code of Civil Procedure provides that the limit of filing for a legal claim for product liability is 2 years from the date of the injury. However, if the victim does not discover the injury right away, the deadline for the statute of limitations is set at one year from the date of discovery.
Suspending the limit: what instances?
The time limit could be suspended for a number of circumstances, including:
- When the defendant is a minor
- When the defendant is out of state or in prison
- When the defendant is declared insane
However, the time limit becomes a running factor again once the minor defendant turns 18, the out-of-state/in-prison defendant returns to California or is released from prison, or the insane defendant is declared sane.
Time is always of the essence
Filing a lawsuit is already a heavy burden on the claimant and having a statute of limitations adds to the pressure. Nonetheless, knowing the time limit applicable to one’s case sets the pace for document preparation and court filings.