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Is there any tolling of time law for California personal injury case?

Newport Beach, CA |

The stature limitation for personal in jury is for two years. But can we file a lawsuit after two years, but within three years. Is there any civil code for tolling of time. thanks

Attorney Answers 7

Posted

There is: discovery rule; being a minor; being mental incompetent; defendant's bankruptcy; etc. Contact a local personal injury lawyer in your city to investigate.

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Posted

There are some tolling provisions for minority (i.e. if the action accrued while the claimant was under 18) and a few other scenarios but, unfortunately, the rule with very few exceptions is that a claim for personal injury must be filed within 2 years of the incident. Consult an attorney immediately to see if you have a possible exception to this rule.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.

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Posted

Not likely that you still have a claim, but should be investigated by a local injury atty. immediately.

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Posted

Yes but they only apply in certain situations. Consult a local attorney to investigate and advise you.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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Posted

In addition to the tolling previously stated above, a SOL is also tolled for fraud AND any time you spent outside the state of California.

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Posted

First, let me express my sincere regret that you are having to endure this difficult situation You should have an attorney experienced in this type of claim review your documentation, including the police report, and discuss what options you may have. If the suit was filed within the two year statute of limitations, an answer to that suit must be filed on your behalf. If the suit was not filed, you may be barred from doing so. I have personally dealt with many other California claims such as this one. You should understand that having proper representation can protect your cause of action. Best of luck to you.

View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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Posted

Yes, but there are only a handful of choices available to you as described by my colleagues and you must fit within one of those particular choices. There are sections applicable to the time of commencing civil actions within the Code of Civil Procedure (sections 312 through 366). Contact a personal injury attorney and discuss those with him/her. Most personal injury attorneys will provide a free limited consultation and then advise you as to the approach available. Good luck.

Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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