Legal Question in Personal Injury in California
Statute of Limitations
A person sustained an eye injury at a large public store on September 12, 2002. Company is claiming no responsibility as they say claim was not filed within a one year statute of limitations and that the two year extension statute is only for 9/11 claims. Is there a two year statute of limitation for this sort of injury? Does it only apply to 9/11 claims? Thank you.
3 Answers from Attorneys
Re: Statute of Limitations
See CCP � 335.1, 2 year time limitation,
It does NOT apply only to 9/11 claims.
Its effective date was 2003, but may apply to claims where the injury occured prior to the effective date but limitations period did not run as of the effective date. GET A LAWYER.
JOEL SELIK
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This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.
We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.
Re: Statute of Limitations
The company is full of it. You have until 9/12/04 to file your lawsuit. Technically, 9/12 is a Sunday and you'll be allowed to file the next business day, 9/13. However, why risk it? I'll file the lawsuit right away.
I have filed cases such as this and have successfully opposed defense demurrers on this issue. Let me know if you would like me help.
Good luck.
Re: Statute of Limitations
Since January 2003....the staute of limitation became two years. It has nothing to do with 9/11.