How Long Do I have to File My Gas Station Assault Claim?
You may be left with many questions after being injured in an assault and battery incident at a gas station. If you were attacked at a gas station, you will likely have grounds to file a lawsuit for the harm resulting from the incident. If a member of your family suffered fatal harm in a gas station assault incident, you may have the right to pursue a wrongful death claim. Of course, pursuing these claims could result in compensation.
To maintain the right to pursue a claim and receive compensation, claimants must take action to file their claims within the appropriate timeline. Failing to file on time can lead to losing the right to sue.
To make sure that you know exactly what deadline applies to your claim, please do not hesitate to reach out to the team here at the Downtown L.A. Law Group as soon as possible. Our lawyers have decades of experience and are fully committed to providing you with the guidance that you need to fight for your rights after a gas station assault and battery incident.
Understanding the Statute of Limitations
A statute of limitations is a deadline that applies to all claims. It determines the total time that claimants have to file their claims after any incident. If claimants are not filed within the timeframe allowed by the specific statute of limitations, then claimants can lose their right to sue. In other words, claimants who miss the deadline can lose their right to file a claim and fight for justice.
Exceptions to the Statute of Limitations
Although the statute of limitations establishes a strict deadline, there may be certain exceptions. If exceptions to the statute of limitations apply, then the deadline could be tolled or paused for some time. Examples of exceptions to the statute of limitations may include
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Delayed discovery: not all injuries are immediately obvious. The clock for the statute of limitations starts running when the plaintiff discovers or should have reasonably discovered the harm that occurred.
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The age of the victim: if the victim was a minor when the incident occurred, the clock for the statute of limitations will be paused until the victim’s 18th birthday. Then, the clock will start running as usual.
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Mental/physical incapacity: if the incident left the victim mentally or physically incapable of taking any action (often, this is due to coma), then the clock for the statute of limitations is paused until the victim regains their capacity.
Of course, other exceptions could apply.
Because these exceptions are case-specific, we recommend that you reach out to a lawyer immediately to determine the specific statute of limitations that applies to your claim and whether there are any exceptions.
In California, personal injury claims and wrongful death claims are generally subject to a two-year statute of limitations. This means that claimants will only have two years to file their claims. As already discussed above, if any exceptions apply, the statute of limitations could be tolled or paused. To ensure that you have a thorough understanding of the deadline that applies to your claim, contact our team as soon as possible.
What If I Miss the Filing Deadline?When claimants do not file their claims within the time allowed by the statute of limitations, they generally lose their right to sue. However, there are some scenarios in which the statute of limitations could be extended. More specifically, if a claimant missed the filing deadline because of the incompetence of the team that was handling their claim, then the claimant may petition the court for an extension to file their claims. Court filing extensions are not guaranteed.
Contact Us at the Downtown L.A. Law Group for More InformationIf you or a loved one was assaulted at a gas station, you may have questions about the options available to you. You may also have questions about the filing deadline that applies to your case. If you are ready to speak with an experienced assault and battery lawyer, do not hesitate to reach out to our firm as soon as possible. Our team here at the Downtown L.A. Law Group has decades of experience and is fully committed to helping assault and battery victims file their claims. We offer free case evaluations, which include both free consultations and free second opinions. During these free legal services, our team will be available to answer all your questions, address all your concerns, and ensure that you have access to all the information that you may need to begin or continue your claim. To schedule your free case evaluation, contact our team today.
Zero-Fee Guarantee: you will never have to pay any upfront legal costs for any of our legal services. In addition, our team works on a contingency basis, meaning that you will not pay anything at all if your lawsuit is not successful.
Contact our firm today to learn more about the legal options available to you.

