If you or a loved one has suffered an injury due to using e-cigarettes or vaping products, you likely have questions. It may be that one of those questions involves the statute of limitations for bringing a case. Get answers to those common questions and then contact Law Offices of Fernando D. Vargas at 909-982-0707 to request a free legal consultation.
What Exactly is a Statute of Limitations?
In civil cases, a statute of limitations refers to a deadline by which a person must file a personal injury lawsuit. When the statute of limitations runs out, the plaintiff is no longer legally able to sue for compensatory damages or any other type of relief.
However, there are various statutes of limitations that apply based on the particular legal theory for a particular lawsuit, and in some cases there is more than one type of theory. This means that when one statute of limitations runs out, there may be other options.
Take this example: A person hires someone to paint their house. A contract is signed by both parties. The contract stipulates that everyone will take reasonable steps to keep the area safe. However, the homeowner has a rotting deck and while the painter is on a ladder, the deck underneath it collapses. The painter suffers a head injury and files a claim to have his medical bills and pain and suffering covered.
The insurer drags the negotiates out for a long time and eventually the two-year deadline passes and the painter no longer has the right to file a personal injury lawsuit. However, the statute of limitations for breach of contract is four years in the state of California and the painter may be able to sue for this reason.
What is the Statute of Limitations for California Personal Injury Cases?
Generally speaking, the statute of limitations for a California personal injury case is two years from the date the injury occurred. That said, there are some cases with different deadlines. It is also possible for the statute of limitations to be what is called “tolled,” which is just a legal way of saying paused, and in some cases the statute of limitations can be extended if the plaintiff had what is known as a delayed discovery. This means that they did not know about the injury within the two years.
How Do I Avoid Going Past the Statute of Limitations?
You contact a personal injury attorney right away. Do this even if you are not yet ready to file. When you call Law Offices of Fernando D. Vargas, we will start with a free legal consultation during which we go over your options. If we do take your case, it will be on a contingency basis so you will know that you do not owe us until we win your case. Call now at 909-982-0707 to get the process started.
