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Dimitry K., Esq.
Dimitry K., Esq., Attorney
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In the state of California is there a statue of limitations

Customer Question

In the state of California is there a statue of limitations that apply to a personal injury. How long does a person have to file from when the injury accured?

Jim XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you, Jim.

There is indeed a statute of limitations on personal injury. A victim has 2 years from the date the injury took place to file suit.

Here is the statute that governs:

335.1. Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4

 

Good luck

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37076
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 16 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Dimitrty, Would the two year limitation also apply in the state of Ohio?


 


Best regards,


Jim


XXXXX@XXXXXX.XXX


 


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Jim,

Thank you for your follow-up. Ohio has a different statute that governs. There, the statute is 4 years. Here is the statute below:

2305.09 Four years - certain torts.

Except as provided for in division (C) of this section, an action for any of the following causes shall be brought within four years after the cause thereof accrued:

(A) For trespassing upon real property;

(B) For the recovery of personal property, or for taking or detaining it;

(C) For relief on the ground of fraud, except when the cause of action is a violation of section 2913.49 of the Revised Code, in which case the action shall be brought within five years after the cause thereof accrued;

(D) For an injury to the rights of the plaintiff not arising on contract nor enumerated in sections 1304.35, 2305.10 to 2305.12, and 2305.14 of the Revised Code;

(E) For relief on the grounds of a physical or regulatory taking of real property.

If the action is for trespassing under ground or injury to mines, or for the wrongful taking of personal property, the causes thereof shall not accrue until the wrongdoer is discovered; nor, if it is for fraud, until the fraud is discovered.

Effective Date: 03-02-2004; 2008 HB46 09-01-2008

 

Good luck!

Customer: replied 1 year ago.


Dimitry, one last question. In the state of Ohio if the court has rendered a judgement a accessed a cost to the defendant but there has been no perfromance by the defendant is there a time limit that the courts order would expire and the defendant would not need to pay anything/


 


Best regards,


Jim


XXXXX@XXXXXX.XXX

Expert:  Dimitry K., Esq. replied 1 year ago.
Jim,

Thank you for your follow-up. I believe you are asking if there is a time limit on when a judgment expires from not being pursued or collected, do I understand you correctly?
Customer: replied 1 year ago.

Yes, that is correct.

Expert:  Dimitry K., Esq. replied 1 year ago.

Jim,

Thank you for your follow-up. There is a 10 year statute on collecting on this judgment:

2325.18 Limitation.

 

(A) An action to revive a judgment can only be brought within ten years from the time it became dormant, unless the party entitled to bring that action, at the time the judgment became dormant, was within the age of minority, of unsound mind, or imprisoned, in which cases the action may be brought within ten years after the disability is removed.

(B) For the purpose of calculating interest due on a revived judgment, interest shall not accrue and shall not be computed from the date the judgment became dormant to the date the judgment is revived.

Effective Date: 06-02-2004

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