Legal Question in Civil Litigation in California
Almost a year ago I was the victim of rape, sexual battery, battery, vandalism, etc. Friday is the 1 year date. I'm trying to figure out how to file civilly (eg Does everything have to be filed together? Should it be? What are the statute of limitations for each and all? He was someone I dated on/off - would it fall under domestic violence statutes? etc.). I've had an incredibly hard time facing this (which is well-documented). I am still having a very hard time facing this, but I want to be able to preserve some rights. The police were ... awful. They let evidence get erased, etc. I don't know where to turn.
5 Answers from Attorneys
You need to contact an attorney in your area immediately. Some of the causes of action you may have would have a one-year statute of limitations. If you don't file on them by Friday you may lose the right to pursue them.
While some of your claims may have a 2 year statute of limitations, it is critical that you retainer an attorney immediately (i.e., tomorrow). My main office is in Santa Barbara; I may be able to help you or refer you to someone who can. That depends in part on the identity of the perpetrator and other circumstances. Please call my office; if you get my legal assistant Debra tell her that I asked to put you through or let her know what this is about and I will return the call as soon as possible.
Below is my Los Angeles Office. You can call me in Santa Barbara at 899-4777.
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In addition to the issues raised above, you need to consider whether the defendant has, or is likely to ever have, any assets or income against which you would try to collect. If not, if he is a guy that is going to be in and out of prison the rest of his life, then spending money and time suing would be an exercise done on 'principle' rather than on economic basis. If you believe there is real economic value to the case, feel free to contact me to discuss.
Most of the causes of action you would be claiming are based in 'personal injury' and have a two year statute of limitations, so you need not completely panic about timing. However, you must address the issue of 'proof' necessary to win any such lawsuit. You indicate there may be a problem with evidence.
Personal injury actions are governed by the new two (2) year statute of limitations set forth in Code of Civil Procedure section 335.1.
Most are 2 year, but you should still get an attorney now.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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