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Delayed Discovery Rule in California
What is Delayed Discovery Rule?
California's delayed discovery rule states that the statute of limitations does not run until the claimant discovers the injury or loss forming the basis of their claim. When a wrongful act gives rise to a suit, the statute of limitations begins to run.
Personal injury claims in California generally have a two-year statute of limitations. This two-year period is the limit within which a plaintiff can file a lawsuit. The failure to do so generally bars a party from bringing a claim.
Depending on the nature of the claim, the applicable statute of limitations may differ. Medical malpractice and legal malpractice cases have a statute of limitations of one year, while personal injury cases have a two-year statute of limitations.
Generally, a limitations period may be tolled or suspended for a period of time, such as when the defendant is a minor, a minor under the age of 18, or when the defendant is out of state. In a sense, the discovery rule is an equitable tolling rule.
Statute of Limitations
Statutory limitations in California refer to the period of time by which a person must file a lawsuit or civil claim. A plaintiff cannot file a claim or sue for compensatory damages once the limitations period expires, according to state law.
California personal injury cases generally have a two-year statute of limitations from the date of the injury. Injury or tort cases involving automobile accidents, negligent causes of accidents, dog bites, slip and fall accidents, and products liability claims are subject to a two-year waiting period.
Different types of claims have different limitations periods. Written contracts, for example, are subject to time limits of one to four years. Similarly, the statute of limitations for cases of wrongful birth is six years. A party contemplating a lawsuit may wish to speak to an attorney/law office for legal advice on when the action accrued and when the statute of limitations runs.
Delayed Discovery Rule
Equitable tolling is the principle of delayed discovery. Unless the injured party knew of their injuries, the statute of limitations does not begin to run until that time. In addition, the rule applies in situations where the plaintiff knew of facts that would have led a reasonable person to suspect that harm had been caused by someone's wrongdoing, or if a reasonable diligence and good-faith investigation could not have revealed that a harmful product or situation contributed to the plaintiff's harm.
“Tolling” of the Statute of Limitations
The statue of limitations may be suspended or may not begin running for a certain period of time. Under California law, the statute of limitations may be tolled when the defendant is under 18 years of age, out of the country, or incarcerated. A time limit begins to run or resumes when the tolling condition is over. There can be a lot of complications in tolling cases.
Establishment of Statute of Limitations
The purpose of statutes of limitations is to ensure basic fairness and public policy. Sometimes witnesses move away, documents are destroyed accidentally, and memories fade over time. Evidence in all such situations is less trustworthy, and it is generally considered unfair for a plaintiff to assert a claim based on such weak grounds.
By establishing a limitations period, plaintiffs are essentially encouraged to pursue their claims diligently and are prevented from having to defend against "stale" claims that are filed later.