Legal Question in Personal Injury in California
California Statute of Limitations
How is the one year statute of limitations figured in filing a personal injury case -- one year (365 days) from date of incident? If an incident happened on June 4, 1998, what would be the last day to file the complaint -- June 3, 1999 or June 4, 1999?? -- June 3, 1999 is actually 365 days from from June 4, 1998.
1 Answer from Attorneys
Re: California Statute of Limitations
You make an interesting argument. However, when you are dealing with the statute of limitations you don't want there to be any chance of the case being thrown out of Court. I would file it on the same day as the day of the accident. The only other leadway the Court gives is if the day falls on a weekend the following year, then you can file the lawsuit as late as the first Monday after the day, but I always play it safe and file it on the Friday before the weekend. It just isn't worth the stress of worrying if the Court will throw out the case because they didn't accept your argument. If you need help filing a lawsuit, or you have other questions concerning a civil suit, please feel free to contact my office for a free, no obligation consultation. I can be reached by phone toll free at 877-546-9918, or by email at [email protected].
I hope I have helped shed some light on the matter.
Sincerely,
John Hayes, Esq.