With any lawsuit, the statute of limitations restricts the amount of time to file a lawsuit. In California, the statute of limitations for negligence is two years. Cal Code Civ Proc § 340. However, it should be noted that the statute of limitations is much shorter if a lawsuit is filed against a public entity, municipality or public employee; a claim must be filed within six months from the date of the accident. Cal. Code Gov. § 911.2 The statute of limitations for product liability cases in California is one year. Cal Code Civ Proc § 340. The statute of limitations begins to run when the plaintiff has knowledge of the injury and suspects wrongdoing. The existence of such knowledge is a factual determination for a jury to decide. A jury will consider the following factors in making this determination: 1) knowledge of the injury; and (2) knowledge of facts creating, or which in a reasonable person would create, a suspicion of negligence on the part of someone. Under California's statute of limitations, a plaintiff must bring a cause of action for wrongful death within two years of accrual. Cal. Code Civ. Proc.§ 355.1. The date of accrual of a cause of action for wrongful death is the date of death. However, if the plaintiff is a minor under the age of eighteen, the statute of limitations is tolled (suspended) until the plaintiff attains the age of eighteen. If an heir or beneficiary is comparatively negligent for the decedent's death, negligence of an heir will merely be a ground for reduction of his damages. There is no legal recourse for failing to file a lawsuit within the statute of limitations. Therefore, it is essential to contact an attorney as soon as possible to preserve one’s legal rights before they are barred by law. It is important that an investigation of the facts of an accident or injury be undertaken as quickly as possible in order to secure evidence which otherwise could be destroyed or lost and to take statements from witnesses who could disappear or whose memories could fade. |
