You've been wronged ... but you don't have the money to hire an attorney and file a lawsuit right now. How long can you wait before you must file the lawsuit? Can you wait indefinitely? No. In all states, as well as the federal court system, a complaint must be filed within a certain number of years from the date the harm occurred or was discovered, or else it is time barred. In California, these "statutes of limitations" are generally found in the Code of Civil Procedure ("CCP"), though there are other statutes in different codes, depending on the type of wrong. My focus today is on civil wrongs and, as always, my discussion is focused on California law.
If you were injured in a car accident, punched in the nose, fell off a ladder, or were otherwise hurt, you have 2 years from the date you were injured to sue the party you believe wronged you (CCP Section 335.1). If your tenant fails to pay you for rent, and moves out, you must file your lawsuit for breach of lease either within 2 years (if an oral lease - CCP 339.5) or 4 years (if a written lease - CCP 337.2). If you just bought a business, and the agreement is in writing, but you later determine that the business was overvalued due to misrepresentations by the seller, you may sue for multiple reasons. Your breach of contract action must be filed within 4 years of the date of the breach, likely the close of escrow (CCP 337); your fraudulent representation action must be filed within 3 years from the date you discovered that the representations were false (CCP 338). If you purchased a new house, and discover water damage 7 years after you move in, you may still have a right to file a complaint, but you must do so within 10 years of when the home was substantially completed (CCP 337.15); further, once you become aware of a defective condition in property, you have 4 years from the discovery date by which to file your lawsuit (CCP 337.1), subject to the 10 year statute of repose discussed above.
Thus, while a lawsuit usually need not be filed on the spot immediately after you have been wronged, it is important to seek legal counsel or otherwise investigate the time constraints that may hinder your ability to proceed at a later date, and one should do so within a reasonable time after becoming aware that a lawsuit may be necessary to recover damages for being wronged.
Importantly, once the limitations period has passed, your complaint will be time barred, and you will not be allowed to proceed. This is the case, even if your delay was caused by neglect, negligence, or mistake. If you are considering a civil lawsuit, I highly recommend that you seek out legal counseling immediately to determine whether your rights may be impeded by a statute of limitations.
HAPPY THANKSGIVING!!
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