Statute of Limitations

California Statutes of Limitations

The law requires that if you believe you have been harmed by the wrongful conduct of another, you must bring a lawsuit within a time limit. This is called a statute of limitations. Failure to bring a lawsuit, or take the required legal action within the time limit may eliminate your right to recover damages. Therefore, you should contact the lawyers of the Dolan Law Firm immediately for a free consultation.

The Dolan Law Firm is unable to identify which California statute of limitations would apply without a thorough review of your potential case. Therefore, the information below, as with all information on this website, does not constitute legal advice. California statutes of limitations change as new laws are passed and the references below were current as of the time of the initial publication of this page.

The first step in understanding which California statute of limitations applies is a determination of where the harm occurred. Each state has its own laws governing when actions must be brought. The information on this page refers only to California’s statutes of limitations. Another statute may apply depending on the type of wrongful conduct or injury, where it occurred and/or who caused it.

The next step is determining what legal right was violated. Statutes of limitations are different for different types of harms.

The next step after that is determining who was injured. Different classes of people, minors versus adults, mentally infirm versus mentally competent people, have different time periods within which to act (in personal injury and medical negligence cases).

The next step is determining who caused the harm. The time period for filing a claim against a governmental agency or employee who caused harm is different than it is for a private party.

The information below provides some information on this complex issue. This is not legal advice. As the determination of what statute applies is a complex analysis, you should Contact our lawyers immediately to provide a free evaluation of your legal matter.

Personal Injury / Wrongful Death Cases, Including Motorcycle Accident Cases

Due to the hard work of Christopher Dolan and his fellow members of the Consumer Attorneys of California, the statute of limitations for most personal injury claims, including motorcycle accident lawsuits, not caused by medical negligence is two years from the date that you were injured. This only applies for adults. That time period is longer for children who, in actions other than medical negligence actions, have until one year after they turn 18 to bring a legal action. Medical Negligence actions have a shorter time period to act within. Parents or legal guardians may bring a legal accident claim on behalf of their child prior to them turning 18, in what is called guardian ad litem. People who are in jail, or who are mentally incapacitated by injury or insanity may, in certain circumstances, have an extension to file their lawsuit while they are in jail or mentally incompetent.

When the Government Is a Defendant

Many motorcycle accident injuries occur because of hazards on government owned sidewalks, roadways, and other property. The government is liable for the negligence of its employees and for taking steps to make sure that its property is not in a dangerous condition. If you are injured because of the fault of a California Government employee or agency, you must file a claim with the proper agency within the time limit of six months after the injury.

California Government Code Section 910 requires you to make a pre-filing notice within six months to allow the governmental agency to move quickly to prevent further injury and to predict, for budgeting purposes, what their liability exposure is for the next year. You must use the claim form of the particular governmental agency when filing a claim and you must file it with the proper authority. Other counties and cities forms can often be found on their Web sites.

If you are injured on federal property, or because of the negligence of a federal government employee, a different claims statute applies. You need to use a different claim form depending on which Federal Agency is responsible for your injury.

Once you have filed a legal accident claim, the government has a period of time in which it can accept your claim, thereby agreeing that they will pay you, or they can reject it. Once they reject it, which is most often the case, you must file suit within a limited period of time or you loose your right to do so.

Our motorcycle accident attorneys have handled hundreds of government liability actions and received some of the highest verdicts for clients injured by governmental employees and / or government property.

Contact Our Lawyers

The requirements of California statutes of limitations are complex. But the attorneys of the Dolan Law Firm regularly assist motorcycle accident victims in California, and have a thorough understanding of the statutes of limitations. Our lawyers do all work on contingency, meaning that you are not charged a dime until you collect damages. Contact our lawyers soon for a free evaluation of your legal matter as time is of the essence..

From our offices in San Francisco, California, our motorcycle accident lawyers represent clients throughout the California Bay Area, including Oakland, San Jose, Alameda, Santa Cruz, Berkeley, Walnut Creek, Hayward, Richmond, Marin, San Rafael, Santa Rosa, Petaluma, Fremont, Santa Clara County, Alameda County, Marin County, Contra Costa County, Sonoma, Napa Wine Country, Sacramento, San Joquin County, Stockton, Vallejo, Benecia, Tracey, Santa Cruz, Mill Valley, Sausalito and San Mateo County.

The Dolan Law Firm
1438 Market Street
San Francisco, CA 94102

Phone: (415) 421-2800
Toll Free: (888) 424-5352
Fax: (415) 421-2830
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Motorcycle and Bicycle Accident Lawyers in California