Legal Question in Family Law in California
I have done a little research on this matter an I think I have my answer, but I want confirmation that I'm right.
I was a victim of domestic violence and during such an event, my husband grabbed my breast, squeezed it, causing unbearable pain, ruptured the silicone implant and eventually I had to have 2 reconstructive surgery's because of the tissue damage. Can I sue him for the emotional and physical damage and what is the statue of limitation on this bodily injury? This happened in 2009, but didn't learn that I could have sued him until just 1 wk ago.
Please help!
3 Answers from Attorneys
The statute of limitation for personal injury claims is two (2) years. (Code Civ. Proc., sect. 335.1.) Ignorance of the statute of limitations does not toll the statute. It runs from the date of the injury.
Actually Mr. Roach is right and wrong. The action is barred by the statute of limitations, as he says, but it ran out 3 years after the last injury, not two. Section 335.15 provides an extra year for domestic violence injuries.
I think the statute that Mr. McCormick is referring to is actually Code of Civil Procedure section 340.15. That may be a better statute, and would have a longer period with a built in "discovery" rule.
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