The stature limitation for personal in jury is for two years. But can we file a lawsuit after two years, but within three years. Is there any civil code for tolling of time. thanks
There are some tolling provisions for minority (i.e. if the action accrued while the claimant was under 18) and a few other scenarios but, unfortunately, the rule with very few exceptions is that a claim for personal injury must be filed within 2 years of the incident. Consult an attorney immediately to see if you have a possible exception to this rule.
Yes, but there are only a handful of choices available to you as described by my colleagues and you must fit within one of those particular choices. There are sections applicable to the time of commencing civil actions within the Code of Civil Procedure (sections 312 through 366). Contact a personal injury attorney and discuss those with him/her. Most personal injury attorneys will provide a free limited consultation and then advise you as to the approach available. Good luck.
First, let me express my sincere regret that you are having to endure this difficult situation You should have an attorney experienced in this type of claim review your documentation, including the police report, and discuss what options you may have. If the suit was filed within the two year statute of limitations, an answer to that suit must be filed on your behalf. If the suit was not filed, you may be barred from doing so. I have personally dealt with many other California claims such as this one. You should understand that having proper representation can protect your cause of action. Best of luck to you.
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