The Law Offices OfPhilip M. Tobin

What is statute of limitations?

When you want to take any case to court in California, it is important to understand the statute of limitations. This key point to any legal case will allow you to know if you can file a lawsuit or make a claim. It also dictates to prosecutors whether they can make criminal charges against someone. In a wrongful death case, it tells you when you should file your case and ensures you are within the legal time frame to do so.

The California Courts explains a statute of limitations is the time limit in which you can file a legal case. It also tells you when the time begins. In a wrongful death case, for example, the statute of limitations tells you the clock starts at the moment of the incident and ends two years later. So, you have two years in which to file you case after the incident occurs. If you fail to file your case within the statute of limitations, the court will probably throw it out because the time limit expired.

It is important to note that every situation has different time limits. Some criminal charges has no statute of limitation. An example is murder. A prosecutor can charge a person with murder regardless of when the crime occurred. In addition, a court may delay the start of the statute of limitations in certain situations. For a wrongful death case, this may occur when the only person who can bring the case to court is underage. The time limit would not begin until that person reached the age of 18 and could bring the case to court. This information is for education and is not legal advice.

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