Can my father sue from an injury that happened when excessive force was used by loss prevention officers?

The incident occurred about 3 yrs ago I believe. He waa walking out of store and approached by 2 men telling him to give up the item, he said who are you? They did not identify themselves as loss prevention, they began yelling and said give us the pills. I told my dad to give what ever he had to them. He was going to grab his jacket inside the car where a bottle of aspirin was where they then grabbed him and picked him up and slammed him which resulted in him going to hospital with a separated shoulder. Injury has caused him to not be as mobile as he can not afford the surgery needed.

Asked on September 26, 2017 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, it is too late for your father to file a lawsuit because the statute of limitations has tolled (expired).
California has a two year statute of limitations for filing a lawsuit in a personal injury case.  Since you said that about three years have elapsed since the incident, your father's lawsuit is barred by the statute of limitations.


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