California’s Extended Statute of Limitations: What Felony Victims Should Know
Every year, thousands of individuals in California are injured as a direct result of someone else’s criminal actions, whether it’s a violent assault, a DUI accident, or other felony offenses.
As a victim of a criminal incident in California, you might have many questions: How long do you have to file a lawsuit? What should you do if the criminal case takes longer than expected?
Fortunately, California’s extended statute of limitations for felony cases gives victims an extra year to pursue civil claims related to felony convictions. This critical extension can make a significant difference in your journey toward justice.
At Hicks Law Firm, our Orange County personal injury attorneys want to help you understand the California Code of Civil Procedure § 340.3, what it means for felony victims, and how you can benefit from this extended timeline. Hicks Law Firm has helped thousands of clients, and they can help you too. Call 615-200-0084 or fill out our online contact form to discuss your case with us.
What Is the Statute of Limitations?
Every legal case has a time limit for filing a lawsuit, known as the statute of limitations (SOL). If you miss this deadline, you could lose your chance to seek justice. It varies depending on the type of case, and it exists to ensure that legal matters are resolved within a reasonable time frame.
In California, if you’ve been injured and want to file a personal injury case, you only get two years after your injury to do so. This timeframe helps make sure that evidence and witness testimonies remain fresh, as they can fade over time.
However, there are situations where this time limit can be extended. For example, if a victim doesn’t realize they’re injured until much later, they might qualify for more time to file their case. In California, the Code of Civil Procedure § 340.3 gives extra time to victims of felony offenses. This law allows them to file their claims even after the regular deadline if certain conditions are met. It’s a way to make sure that felony crime victims have a fair chance to seek justice, even if they need a little more time to do it!
Understanding California Code of Civil Procedure § 340.3
So, what does California Code of Civil Procedure § 340.3 mean for felony victims? If an injury or death results from a felony, victims are granted one additional year to file a lawsuit after the felony conviction of the responsible party. For example, if someone is seriously injured in an assault and the assailant is convicted of that crime, the injured person can file a lawsuit for up to a year after the conviction.
This law is important because it recognizes that criminal cases can take a long time to resolve. Many felony victims might find themselves concentrating on the criminal case, which can make it hard for them to think about pursuing a civil case. With this extension, victims get the extra time they need to assess their circumstances and make smart choices about whether to seek compensation.
Eligibility: Who Can Benefit from § 340.3?
Unfortunately, not every victim can take advantage of this extended timeline. The rule of § 340.3 specifically applies to victims of felony offenses, which are serious crimes like aggravated assault or felony DUI. It’s also important to remember that this extension only kicks in if the person responsible is convicted of a related felony. So, victims will have to wait until the criminal case is resolved before they can start counting the extra time to file their civil claims.
When the One-Year Extension Begins
One key aspect of this extension is when the one-year timeline starts. It begins at the point of conviction, not from the date of the crime. This means that if someone is injured on January 1st and the assailant is not convicted until January 1st of the following year, the victim now has until January 1st of the year after the conviction to file a lawsuit.
Timing is critical here. Criminal convictions can often take time, and the delay may provide victims with the opportunity to assess their civil action options better and gather the necessary evidence for their case.
Understanding the details of the statute of limitations can be confusing, and missing a deadline could hurt your chances of getting justice. That’s why you should talk to a personal injury attorney immediately. Your attorney will keep track of all the deadlines for filing a claim and ensure your rights to compensation are protected after a serious felony attack. They can guide you through the process and give you the support you need.
Contact Our Orange County Personal Injury Attorneys Today
California’s extended statute of limitations for felony-related claims allows victims more time to seek legal remedies. With so much at stake, you do not want to wait to discuss your case. At Hicks Law Firm, we know that you need someone on your side looking out for you and protecting your rights after an injury in a felony crime attack. After all, you’ve got more important things on your plate than worrying about the legal system and missing deadlines.
Call us at 615-200-0084 or fill out our online contact form so we may discuss your case.
Aaron Hicks is a civil trial attorney and founder of Hicks Law Firm, based in Orange County with offices in San Diego and Tennessee. His practice includes representing plaintiffs in personal injury cases including motor vehicle accidents, premises liability, dog bites and wrongful death. Mr. Hicks is and AV Rated attorney, Super Lawyer and is currently on the Board of Directors of the Orange County Trial Lawyers Association where he serves as 1st Vice President.
