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Southern California Personal Injury Attorney - State Statutes Of Limitations In Civil Cases
Most states, including California, establish an outside limit on the amount of time you can wait to file a lawsuit after an even which gives rise to a claim for damages. The laws which set out that period of time within which a lawsuit must be filed are referred to as the "Statute of Limitations"; different states have different limitations periods, and almost every state has a different statute for different types of damage claims. Also, there may be special rules for particular defendants, such as doctors, attorneys, and government entities and their employees. Most courts strictly apply the Statute of Limitations, and there are very few situations which toll or stop the running of the applicable statute.
In California, most personal injury actions must be filed on or before the on year anniversary of the date on which the injury occurred. [-There is a Bill waiting for the Governor's signature which would increase that limitations period to two years, starting January 2003]. However, if the responsible party is a State or Local government entity or employee, you must make a "Tort Claim" to the governmental entity within 180 days of the date on which the injury occurred, then file a lawsuit within 180 days of the rejection of that claim.
If you have been injured in an accident, you need to have an attorney closely review the facts of your claim to accurately determine the "statute date" for filing a lawsuit or presenting a governmental tort claim regarding your claims so that you do not lose the right to prosecute your claim against the responsible party.
We have found the following listing of personal injury Statutes of Limitations (effective as of January 1, 2002) from our searches on the Internet. We include the listing here for your convenience and reference: Do Not depend on this listing to decide on the Statute of Limitations for your own case. We are admitted to practice law only in California: you need to consult with an attorney in the appropriate jurisdiction for the litigation of your claim to make a determination of the proper Statute which applies to your claim. The listing follows:
| STATE | STATUTE CODE | YEARS |
| Alabama | Code of Alabama Section 6-2-38 | 2 years |
| Alaska | Alaska Statutes Section 09 10.070 | 2 years |
| Arizona | Arizona Revised Statutes Section 12-542 | 2 years |
| Arkansas | Arkansas Stat. Annotated Section 16-56-115 | 5 years |
| California | Civil Civ. Procedure code Section 340 | 2 years |
| Colorado | Colorado Revised Statutes Section 13-80-102 | 2 years |
| Connecticut | Connecticut General Statutes Section 52-584 | 2 years |
| Delaware | Delaware Code Annotated cc 8107, 8119 | 2 years |
| D.C. | District of Columbia Code Section 12-301 | 3 years |
| Florida | Florida Statutes Section 95.11 | 4 years |
| Georgia | Georgia Code Ann. Section 3-1004 | 2 years |
| Hawaii | Hawaii Revised Statutes Section 657-7 | 2 years |
| Idaho | Idaho Code Section 5-219 | 2 years |
| Illinois | Illinois Statutes Ann. Section 13-202 | 2 years |
| Indiana | Indiana Code Ann. Section 34-1-2-2 | 2 years |
| Iowa | Iowa Code Annotated Section 614.1 | 2 years |
| Kansas | Kansas Statutes Annotated Section 60.513 | 2 years |
| Louisiana | Louisiana Civil Code Section 3492 | 1 year |
| Maine | Maine Revised Statutes Ann. Section 752 | 6 years |
| Maryland | Maryland Courts and Judicial Proceedings Code, Section 5-101 | 3 years |
| Massachusetts | Massachusetts General Laws Ann. Ch. 260, Section 2A4 | 3 years |
| Michigan | Michigan Compiled Laws Section 600.5805S | 3 years |
| Mississippi | Mississippi Code Annotated Section 15-1-49 | 3 years |
| Missouri | Missouri Statute Annotated 35 Section 516.120 | 5 years |
| Montana | Montana Code Annotated Section 27-2-204, 27-2-207 | 3 years |
| Nebraska | Revised Statutes of Nebraska Section 25-208 | 4 years |
| Nevada | Nevada Revised Statutes Annotated Section 11.190 | 2 years |
| New Hampshire | New Hampshire Rev. Statutes Ann.Section 508:4 | 3 years |
| New Jersey | New Jersey Statutes Annotated Section 2A:14-2 | 2 years |
| New Mexico | New Mexico Statutes Ann. Section 37-1-8 | 3 years |
| New York | New York Civ. Prac. R. Section 214 | 3 years |
| North Carolina | General Statutes of North Carolina Section 1-52 | 3 years |
| North Dakota | North Dakota Century Code Section 28-01-16 | 6 years |
| Ohio | Ohio Rev. Code Ann. Section 2305.10 | 2 years |
| Oklahoma | Oklahoma Statutes Annotated Title 12 Section 95 | 2 years |
| Oregon | Oregon Revised Statutes Section 12.110 | 2 years |
| Pennsylvania | 42 PA Con. Stat. Annotated Section 5524 | 2 years |
| Rhode Island | General Laws of Rhode Island Section 9-1-14 | 3 years |
| South Carolina | South Carolina Code Ann. Section 15-3-530 | 3 years |
| South Dakota | South Dakota Comp. Laws Ann. Section 15-12-2, 15-2-14 | 3 years |
| Tennessee | Tennessee Code Annotated Section 28-3-104 | 1 year |
| Texas | Texas Civil Prac. & Rem. Code Ann. 2 Section 16.003 | 2 years |
| Utah | Utah Code Annotated Section 78-12-25 | 4 years |
| Vermont | Vermont Statutes Ann. Title 12, Section 512 | 3 years |
| Virginia | Virginia code Section 8.01-243 | 2 years |
| Washington | Revised Code of Washington Ann.Section 4.16.020 | 3 years |
| West Virginia | West Virginia Code Section 55-2-12 | 2 years |
| Wisconsin | Wisconsin Statutes Ann. Section 893.54 | 3 years |
| Wyoming | Wyoming Statutes Ann. Section 1-3-105 | 4 years |
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