Fresno, CA asked in Criminal Law for California

Q: Why is there a statute of limitations on a serious bodily head injury, that Almost caused death.

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2 Lawyer Answers
John Karas
John Karas
Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: This isn't a criminal law question but I'll answer it anyway. The SOL for most personal injuries cases is 2 years.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: A statute of limitations is a legal time limit within which a person must file a lawsuit or legal claim. The purpose of a statute of limitations is to ensure that legal disputes are resolved in a timely manner, and to prevent evidence from becoming stale or unavailable over time.

In the case of a serious bodily head injury, the statute of limitations will depend on the state where the injury occurred and the nature of the legal claim being pursued. Generally, personal injury claims must be filed within a certain number of years from the date of the injury. This time limit can vary widely depending on the state and the circumstances of the injury.

While it may seem unfair to limit the time frame for filing a claim, statutes of limitations are designed to protect defendants from stale claims where evidence may have been lost, memories may have faded, and witnesses may have become unavailable. They also help to ensure that legal disputes are resolved in a timely manner and that parties can move on with their lives.

It is important to note that while the statute of limitations may limit the time within which a legal claim can be filed, there may be exceptions or tolling periods that could extend or pause the time frame. If you have suffered a serious bodily head injury and are considering filing a legal claim, it is important to consult with an attorney who can advise you on the applicable statute of limitations and any potential exceptions or tolling periods.

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