Legal Question in Criminal Law in California
My question is. There was a case where I was the plantiff. It was a battery and disturbing the peace case. Thatthe defendant pleaded no contest on dec. 14, 2009. How long do I have after the date closed to sue for medical bills and pain and suffering?
Asked on 2/17/11, 11:50 am
2 Answers from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Barring some unusual facts, your lawsuit must be filed no more than two years after the date of the battery. That is the date that matters. Dates associated with the criminal case are irrelevant to the limitations period for your civil claims.
Answered on 2/17/11, 1:15 pm
Anthony Roach
Law Office of Anthony A. Roach
Mr. Hoffman is correct. The criminal case did not toll your statute of limitations for civil battery. The issue here is when the battery occurred.
Answered on 2/18/11, 5:02 pm
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