Williams & Javellana, LLP
Chico Statute of Limitations Lawyer
Statute of Limitations
Many cases in the state of California are subject to what are known as the statute of limitations. The statute of limitations, places a specific time limit on how long it is possible for you to seek a legal remedy against someone else for wrongful conduct that has affected you. When this time period expires, it may not be possible for you to file a lawsuit to get the relief that you need.
If you are concerned about the possibility of being outside of the statutory period, you can contact Williams & Javellana, LLP. The statute of limitations may vary from one instance to another and there also times when it may be possible for you to overcome this time period, depending upon your situation. Mr. Williams can assist you, not only in understanding the statute of limitations and how they may affect your ability to file a lawsuit but to see if there is any way for you to overcome this statutory period, if it has expired.
The statute of limitations varies depending on a number of factors, such as the nature of the cause of action, the type of injury, the status of the injured party, as well as the status of the person to be sued. For example, the statute of limitations for a personal injury lawsuit is typically two years from the date of the injury. This means that a person must sue another within two years from the date of his or her injury, or else that person loses the right to sue forever. However, the status of the parties can affect the statute of limitations even further. For example, if the person to be sued in the above scenario was a public entity, then a claim for damages would typically have to be filed within six months from the date of the injury. Alternatively, if the injured party in the above scenario was a minor at the time of the injury, then he or she may be able to file a lawsuit up until his or her 19th birthday.
In some cases, the statute of limitations may be tolled, or put on hold, for a specific period of time which would extend the time period in which a person must file his or her lawsuit. This can occur if the person is mentally incapacitated. Additionally, if a person’s injuries are latent or hidden, the statute of limitations may not start until the time when that the injuries should have reasonably have been discovered. As an example, it may take several years for you to realize that a foreign object was negligently left in your body after surgery. In this scenario, the statute of limitations would not begin after the date of surgery, but rather, the date on which the injury should have been reasonably discovered.
The statute of limitations also varies according to the cause of action or type of lawsuit to be filed. For example, fraud typically has a statute of limitations of three years, while personal injury causes of action have a statue of limitations of two years. Furthermore, the statute of limitations for a breach of contract cause of action is two years for oral contracts, but four years for written contracts.
If you believe that you have a viable lawsuit against another individual, it is very important that you contact Williams & Javellana, LLP as soon as possible. The statute of limitations is very complicated, and it is necessary to determine when your lawsuit must be initiated in order to protect your legal rights.
Gold standard for professionalism and ethics. Extremely knowledgeable and proficient in handling complex cases. Attorney Javellana took painstaking hours building a civil case, (co-ownership/property rights) and then he presented overwhelming evidence at trial. Mr. Javellana was on point for 3 days at trial where he tactfully asserted a powerful presence in the courtroom and systematically picked apart the defendents and he was quick to respond to the dirty trickery of the defense attorney with undisputable legal arguments. As a result of Mr. Javellana's detailed and powerful representation, the opposing side had no chance. Mr. Javellana was extremely organized and detail oriented throughout. Mr. Javellana won the case across multiple points and most impressively he obtained a permanent injunction against the opposing party. Additionally, Mr. Javellana, represented me with two other cases where his professionalism and his relentless tactical drive continued with successful results. I highly recommend Mr. Javellana. J.M
California June 20, 2015