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Apr 12 2021

Statute of Limitations in California

According to California state law, certain actions are called “offenses” and are subject to civil or criminal charges. Along with these charges is a term called “statutes of limitations”, simply referred to as the deadline to bring these charges to court.

Generally speaking, more severe offenses like violent crimes have longer statutes of limitations that could extend forever such as in the case of murder which has no statute of limitations. The other way is also true, lighter offenses have shorter statutes of limitation. These statutes can also be extended by “tolling” which gives the Government or the prosecutor more time to work on a case.

It is important to know these statutes because they dictate the time period when you are allowed to sue and file a lawsuit. In most cases, if you try to file a lawsuit against someone when the statute has expired, your case will simply be dismissed.

It is also important to know the nature of the crime since civil cases and criminal cases are often treated differently and have statutes.

Statutes of Limitations for Criminal Cases

Criminal cases are those where the perpetrator is considered to have acted against the state or community. Here is a summary of certain specific laws and criminal statutes listed in California state law:

Crime	Statute of Limitation
Misdemeanor Fraud Misconduct by a Public Official Embezzlement or theft against elderly or dependent adults>	Four years after the discovery of the offense or four years after completion of the offense, whichever is later.
Domestic violence Certain crimes against the elderly or dependent adults	Five years
Sexual abuse that requires sex offender registration>	10 years
Child sexual abuse	Until the victim’s 40th birthday
Embezzlement of public money Aggravated sexual assault towards a child Rape involving force or violence Treason First-degree murder Homicide Manslaughter	No time limits

Of course, this isn’t the full list of crimes any person may be capable of doing. For specific crimes that are not listed in California state law, the time limit will depend on the maximum punishment set for that crime. In general, this will be:

For misdemeanors, one year
For felonies punishable by imprisonment for seven years and less, three years
For felonies punishable by imprisonment for eight or more years, six years
For crimes punishable by life imprisonment or death sentence, no time limit

Usually, the timer starts the moment the crime has occurred, or for continuous offenses, when it ends. In situations where the crime was not immediately discovered, such as in instances when the crime was well-hidden or the victim was afraid to come forward, the statute of limitation may be extended to allow for the prosecution to prepare the case.

Another type of offense is “wobbler” offenses. These offenses are not offenses per se, but they can be charged as either a misdemeanor or a felony, it depends on a case-to-case basis.

Criminal law is a very messy portion of the law because a lot of things are not specified and left to be determined in court especially in wobbler offenses. To build a strong defense in criminal court, one must be knowledgeable of both the federal penal code and California penal code.

It is for this reason that you must contact a criminal defense attorney at the Law Offices of Marc Grossman, an Upland criminal defense law firm and personal injury law firm. As a local law firm, we are knowledgeable of the local laws and can help you come up with the strongest defense for your case.

Statutes of Limitations for Civil Cases

Alternatively, civil cases are those involving individuals or businesses and usually involve personal injury and negligence claims wherein a person or business (the plaintiff) claims to have been harmed by another person or business (the defendant).

A personal injury lawsuit refers to injuries to the body, as opposed to an injury to property. This includes motor vehicle accidents, assault claims, product defect accidents, a slip, and fall, as well as tripping accidents. The defendant can also be sued by the claimant for emotional distress, pain and suffering, economic damages, and medical expenses.

On the other hand, negligence claims refer to harm arising from the carelessness of the negligent party at fault which can include medical malpractice, wrongful death, and wrongful acts.

For civil cases, the applicable statute of limitations in California is two years. This means that plaintiffs must file lawsuits within two years to prevent the dismissal of the injury cases.

If you have been involved in an accident, don’t hesitate to contact an Upland, CA personal injury lawyer. We at the Law Offices of Marc Grossman believe that the only thing a victim in an accident must do is to recover. So let us help you take legal action and file personal injury claims. Get better and let us handle the rest.

Like in the case of criminal cases, there are also exceptions to the limitations period for civil cases that allow for the timer to be tolled. The first is called delayed discovery, where the injured person did not know right away that the incident had caused harm and only found out later on.

Second, minors under 18 years of age and people that do not have the legal capacity to make decisions (as in the case of mental illnesses) at the time of the incident, are similarly exempt. And third, in cases where the defendant caused the injury and left California before a lawsuit can be filed against him.

When to Contact a Lawyer

If you are planning to take civil action on grounds of personal property damage, the best time to contact a lawyer is now. The moment you were injured due to someone’s negligence, the period for which you are allowed to file a claim for an injury lawsuit has already started, so you have to take action as soon as possible.

On top of that, you will have to acquire the evidence too. This includes collecting photographic and video evidence, as well as statements from witnesses to be able to show in court that the opposite party has done you harm. Contact one of our Upland, CA personal injury lawyers to receive help for your injury case today.

If you expect to get involved in a civil or criminal case, contact us at Law Office of Marc Grossman immediately. We will fight for you.

Apr 05 2021

Statute of Limitations for Personal Injury Cases in California

A personal injury occurs when a person’s body, mind, or emotions are injured because of the carelessness, negligence, misconduct, or wrongful deed of another person. It is a type of injury that is usually sustained from a car accident, motor vehicle collision, defective products, dog bites, slip and fall accident, medical malpractice, failure to fulfill the duty of care, or wrongful death. A personal injury lawsuit can be filed by the victim against the negligent person who caused the catastrophic accident, harm, or serious injury. Filing a lawsuit will help you seek compensation (damages) through a personal injury claim for the serious injuries that you have suffered. As the victim, you have the right to sue the party at fault.

Personal injury lawsuits must be filed within a specific period from the date of the alleged civil offenses or violations. This time limit is called the “statute of limitation”. It is a statutory law that sets the maximum time allowed for you to initiate legal proceedings beginning from the date of the injury or accident. The statute of limitations period may vary from state to state. The range of the statutes of limitations in California is from one year up to ten years, according to the case type. The clock will start ticking from the date when the incident or injury happened or was discovered. A knowledgeable Upland personal injury lawyer can guide you regarding the statutes of limitations.

In California, an injured person can file a personal injury case against the person at fault within two years starting from the exact date of the injury. If you will not be able to file your case within this time limitation, the charges will most likely be dismissed by the court and you will lose your legal right to receive compensatory damages. You can find the statutory limitations implemented for personal injury cases at California Code of Civil Procedure section 335.1. It also includes false imprisonment, libel or slander, fraud, felony, misdemeanor, injury to personal property, and other similar punishable offenses under civil cases.

Personal injury claims filed against a California state government agency, city or county must be filed within six months and must abide by the procedural rules. Additionally, the personal injury law covers the injuries sustained from a dog bite. California Civil Code section 3342 states that the dog owner is “strictly liable” for personal injuries caused by the dog bite and no amount of negligence or fault is required to be shown.

California adheres to the “pure comparative negligence rule”. Personal injury cases wherein the defendant are being sued will argue the possibility of the injured plaintiff to be at fault (partly at fault) for the occurrence of the accident. If the argument is proven true, the total compensation amount to be granted to the plaintiff will be deducted an amount equal to the percentage value of fault.

For example, assume that the court has evaluated your accident injuries, medical expenses, lost wages, and other financial losses and has accrued to $10,000; however, it is proven that you are 10% at fault for causing the accident. In this case, 10% ($1,000) will be deducted from the total amount ($10,000) and the plaintiffs will be compensated with $9,000. This rule generally applies to injury lawsuits that make it to court; however, this may differ when you file a claim with the adjuster of insurance companies outside the court system. A credible Upland personal injury attorney can help you understand this rule.

Certain laws in California set a limit to the total amount of injury settlement or damage that a victim can receive from a personal injury case. The state law does not allow most of the uninsured drivers from receiving “non-economic” damages, even though the other driver or offender is fully at fault for causing the accident. Compensation for the inconvenience, pain and suffering, scarring, and emotional distress are considered non-economic damages.

However, in every rule, there will always be possible exceptions. Under the California Civil Code section 3333.4, the driver who has no insurance will be eligible for non-economic or compensatory damages if he or she is involved in an accident with a convicted driver who is under the influence of alcohol or drugs.

It is not easy to recover from a personal injury accident. It takes a lot of time and effort to file a personal injury lawsuit against the person liable for the injuries. When you file a lawsuit, you need to make sure that you follow all the rules and regulations, especially the statute of limitations. The statutes differ depending on the circumstance of the case. If you are dealing with a personal injury matter, it is advisable to seek legal help from our competent Upland personal injury lawyers from the Law Offices of Marc Grossman who will guide you in all the legal aspects of your case. Our experienced personal injury attorneys will help you fight for your legal rights as a victim and negotiate the terms and conditions of the lawsuit according to the California statutes.

Apr 17 2020

Personal Injury in California

What is Personal Injury?

Personal Injury Law or Tort law is a branch of civil law that compensates victims for accidents, injuries or social wrongs. The injured person filing for a lawsuit is called the “plaintiff,” while the person who caused such injuries is the “defendant.” In cases where the accident resulted in wrongful death, the family of the deceased may file a case on his behalf.

The purpose of those who file for personal injury suits is generally to be compensated financially including the losses they may have incurred due to the accident. Some of the important personal injury laws that you may claim are:

How is Personal Injury Relevant to Motor Vehicle Accidents?

Some commonly associated laws that are linked to car accidents are:

Pedestrian laws –where drivers must stop and let pedestrians cross the streets when the signal signifying “walk” is lit. Similar to cars, the pedestrians must give way to the vehicles when the “don’t walk” or “stop” sign is active.
Driving laws – include the common rules in driving like overtaking a vehicle in the proper lane, not following a vehicle in very close manner, giving signals when turning, giving way to the driver on the right if two drivers approach an intersection at the same time, not using mobile devices while driving and other such rules known to the general public.
Motorcycle laws – requiring all riders including passengers to wear helmets on roadways.

When is personal injury applicable?

Personal injury may arise out of any situation such as:

Accidents – these are usually the source of personal injuries due to a person’s negligence which, as a result, causes harm to the victim. Such cases include slip and fall accidents, premises liability, dog bites, workers’ compensation, and other types of cases.
Intentional Acts – are acts where a person deliberately decides to commit harm to another. Some examples include assault, battery and other intentional acts.
Product Defects – these are situations where the defendant is made liable to the harm caused even without negligence or intentional fault. To make the defendant liable for such claim, the following must be established:
- That the product acquired was defective
- The product was defective when it left the defendant’s possession
- The product was used in a reasonable way
- The harm done was a result of the defect of the product
Defamation– personal injury law applies when a person’s reputation is damaged due to another’s defamatory statement

Statute of Limitations

A time limit must be observed when filing personal injury since there are prescriptions or statutes of limitations which sets a time limit on bringing the lawsuit in court. The time limit in California is two years from the date of the accident and for most personal injury cases. However, if you have suffered from a hidden injury that you only knew of after the two-year period has elapsed, you will have one year from the discovery time to file for a lawsuit.

Negligence

In order to make the defendant liable for being negligent, the plaintiff must prove:

That a duty of care is owed by the defendant
That the defendant failed to do such duty
That the harm done was the result of failure to observe such duty
Actual damages

Negligence is when a person fails to exercise the necessary caution in which a reasonable person would exercise in the same situation. In California, a pure comparative negligence rule is used in cases where more than one party is at fault. The amount of compensation one might receive is reduced based on the degree of fault one is guilty of.

Damages caps in California

California practices “damages cap” where the amount of maximum compensation an injured person may receive is limited by law for certain types of harm which includes:

Uninsured drivers have no non-economic damages

Economic damages are compensation received as a result of monetary loss suffered because of the personal injury. These include medical bills, lost wages, property damage, loss of earning capacity, vocational rehabilitation, household services, and out-of-pocket costs.

Non-economic damages, on the other hand, are losses compensated you of your pain and suffering, discomfort, anxiety, disfigurement, emotional distress, loss of love, care, affection, companionship, and death.

Cases of Medical Malpractice

Non-economic damages for medical malpractice is limited to $250,000

Got into an injury accident? Get yourself an injury lawyer!

If you believe to have suffered due to an accident in California, you need to consult a personal injury lawyer well-versed in handling injury cases, especially if you’re not certain of your specific situation. An experienced injury attorney will help you explore the legal action you may have, seek compensation, personal injury protection, and other legal services available to you, as well as represent you in court if the case goes to trial. Call us now at the Law Offices of Marc Grossman for a free consultation.

Feb 16 2019

What Can an Upland Personal Injury Attorney Do For Me?

Accidents happen to the best of us. It can come at the most unexpected time, whether you are out and about or within the safety of a building. If you have been in an accident, it is important that you consult an attorney, particularly one who has extensive experience on personal injury and bad faith insurance.

You may be thinking about the expenses involved and also consider handling the claims on your own. However, a personal injury attorney is well-versed in n area of civil law called tort law. Tort law includes cases in which the plaintiffs have suffered civil wrongs because of the negligent, reckless or intentional actions of others. Personal injury attorneys represent injured plaintiffs in order to try to recover compensation for them.

What types of cases do personal injury lawyers handle?

Personal injury lawyers might handle a variety of different types of claims. Some of the most common types of personal injury cases include the following:

Car accidents
Commercial truck accidents
Motorcycle accidents
Bicycle accidents
Pedestrian accidents
Slip and fall accidents
Dog bites
Other vehicle accidents
Fires and burn injuries
Premises liability
Traumatic brain injuries
Wrongful death
Products liability
Workers’ compensation

This is not an exhaustive list. Personal injury claims might involve any case in which a person is injured and suffers harm because of the negligent or intentional actions of others.

What do personal injury attorneys actually do?

The steps that a personal injury lawyer might take in a claim will depend on the type of case that it is. There are some general steps that apply to most personal injury cases, however. Here are some things that your personal injury attorney might do in your case.

1. Evaluate potential claims

Personal injury attorneys carefully screen potential claims that people present to them. Since most injury lawyers work on a contingency basis, they are careful about the claims that they will agree to accept. The evaluation process may include an investigation into the merits of the claims.

2. Gather evidence

Personal injury lawyers may gather evidence to support their clients’ claims. They may hire accident reconstruction experts to show what happened in the moments leading up to the accidents by taking careful measurements and photographs and then conducting scientific analyses of the data. They may also get copies of the police reports about the accident and their clients’ medical reports. The attorneys may use investigators to find witnesses and get their statements. Gathering the evidence can play an important role in the ultimate outcomes of the cases.

3. Negotiate with the insurance companies

When you have a personal injury attorney representing you, your lawyer will handle the negotiations with the insurance companies that are involved in the case. As a part of this process, they might review the policies and determine the maximum amount of money that might be available. Your lawyer might also advise you against signing any documents that the insurance company might send to you or giving recorded statements. Finally, the attorney may negotiate with the insurance company on your behalf and send a demand letter outlining your legal claims and the amount of compensation that you are demanding to settle your claim.

4. Draft and file complaints

If the insurance company refuses to settle your claim for a reasonable amount or disputes liability, your lawyer may draft and file a civil complaint with the court that has jurisdiction to hear your claim. This document is a legal pleading that is filed to formally commence a lawsuit against the defendant or defendants. Once it is filed, it will need to be properly served on the defendant and the insurance company. The defendant will then have time to file his or her reply.

5. Go through the discovery process

After the complaint and answer have been filed, the case will go through a process called discovery. During this phase, both your lawyer and the defense lawyer will exchange the evidence that each side has in the case. Your lawyer may also send interrogatories to the defendant and conduct depositions.

6. Prepare for and go to trial

Personal injury attorneys continue to negotiate with the insurance companies throughout the pendency of their cases. Most of the time, the claims will be settled before they go to trial. However, good personal injury attorneys prepare their cases as if they are going to trial. If the insurance companies refuse to settle the cases for reasonable amounts, the lawyers may litigate for their clients at jury trials.

How much money can a personal injury lawyer recover?

The facts of every personal injury case are different. There is not a single amount of money that you might expect to recover in your case. The amount that you might expect to receive will depend on such factors as the extent and severity of your injuries, the expected length of your recovery, your medical expenses and income losses, and other relevant facts. Your personal injury attorney will value your claim and give you a range of compensation amounts that you might expect a fair settlement offer to fall in so that you can have a better idea.

What are the reasons that a personal injury lawyer might not take your claim?

There are several reasons why a personal injury attorney might not agree to take your claim. The fact that you were injured is not enough by itself. A lawyer will look at what happened in your accident to determine whether or not the other party’s actions constituted legal negligence or an intentional tort. If the actions do not meet the legal standards, a lawyer will be unlikely to agree to represent you.

If your injuries were very minor or you suffered few losses, an attorney is also unlikely to accept your case. Lawyers can’t accept claims based on speculation of what could have happened. It also is expensive to present cases, and if your losses are minor, it might not make sense for an attorney to litigate your claim.

Another reason a personal injury lawyer might not agree to accept your case is if you have already had several lawyers or appear as if you are shopping around for the attorney who will give you the highest quote for a potential settlement. It is important for people to find personal injury lawyers with whom they can work well.

Do you really need a lawyer?

It is possible for people to file personal injury claims and negotiate with the insurance companies on their own. However, it is not a good idea for people to take this approach in most cases. Tort law is complex, and personal injury attorneys have studied the law in law school and afterward in their practices. The law frequently changes, and your lawyer may be current with all of the changes that have occurred.

However, there are certain cases in which you might not need a lawyer. If your injuries were very minor or you only suffered property damage to a vehicle, you might be able to handle the negotiations with the insurance company on your own. However, if the insurance company denies your claim or if there are several parties that were involved, it might be a good idea for you to consult with a personal injury attorney. You should also talk to a lawyer if your injuries were serious and to evaluate any offers of compensation that you might receive. To learn more about your potential claim, contact the Law Offices of Marc Grossman today to schedule a free case evaluation.

Nov 20 2015

Why You Need A Personal Injury Attorney

I need a personal injury attorney? Anyone who has ever had to deal with an insurance company will tell you that it is nearly impossible to get a fair settlement. That is why you need the assistance of an experienced personal injury attorney. A minor collision involving only vehicle damage may not require a personal injury attorney. It is a different story in cases involving serious injury or even death. It is easy to get compensated for a scratched fender from an insurance company. It usually takes getting a few estimates and submitting them to the adjuster. It is far more complicated when serious injury or death is concerned. The insurance company will offer you a settlement that is good for them but it will most definitely short change you. That is unless you have an experienced personal injury attorney on your side.

A Personal Injury Attorney Can Get You The Settlement You Deserve!

Determining what is fair compensation for a spinal cord injury, head injury, broken bones or the death of a loved one is a daunting task. Insurance companies use many techniques to reduce or deny your claim. They may try to assign blame to you. They may not agree to pay all of you medical bills or future medical bills. In short, they will do everything possible to get the best deal for them.

Our expert personal injury attorney have more than 100 years of practice experience. Our experts will accurately determine the value of your case (“damages”). Damages in a personal injury case include: Medical bills, future medical treatment, lost wages, loss of future earnings, pain and suffering, property damage and many others. An experienced personal injury attorney from the Law Offices of Marc Grossman can get you the settlement you deserve.

Our personal injury attorneys use modern science and forensic investigation along with medical specialists, economists and other experts to maximize your claim. We unleash these resources on the insurance company if they won’t agree to settle for what you deserve. The insurance company will usually make a more reasonable settlement offer when faced with the mountain of evidence uncovered by our experts.

What if they are unwilling to settle? We will use the courts to force them to pay what you deserve. Our personal injury attorneys have more trial experience that most law firms in the area. We are not afraid the take on the toughest insurance company lawyers. We know that if we are taking your case to trial, we have done everything possible to prove your case. that is how we have won hundreds of millions of dollars for our clients.

Anyone can hire the best personal injury attorney. We never charge any upfront fees for our personal injury clients. Our fees are factored into the settlement. This means you pay nothing out of your pocket to hire one of the best personal injury attorneys. So, no matter what your financial circumstances are, we can help.

“Our promise to you is that you will not pay us a dime unless we get you the settlement or verdict that you are entitled to.”

Call us today for a free, no obligation consultation 1-855-LOMG-911 or use the contact form on this page to request a call or email from one of our personal injury experts.