I was In a car accident, it was the others parties falt. But after the accident and exchanging information. It got physical, got ran over by the other partie, and stole my phone from me. it’s been over a year or getting there. Is it to late for me to sue the other partie? I been reimbursed for the damages on the vehicles. But I just need help.
No it is not too late. Pursuant to California Code of Civil Procedure section 335.1, you have two years from the date of the intentional act to bring a civil lawsuit for assault or battery. The statute of limitations is three years for conversion of tangible personal property. Specifically, California Code of Civil Procedure section 338, subdivision (c), provides that the statute of limitation is three years for“[a]n action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property”. (Strasberg v. Odyssey Group, Inc. (1996) 51 Cal.App.4th 906, 915.)
Frank W. Chen has been licensed to practice law in California since 1988. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
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What an interesting case!
Your damages could potentially be pretty high because some of these appear to be what we call "intentional torts" that could warrant punitive damages. Usually the statute is two years for this kind of misconduct but could be earlier-- it seems like this case is factually complex so I would need more information to really tell you.
Most car accident attorneys will give free consultations if you just email them or call them up and they dont require to get paid until the case settles. this would be totally worth it for you.
It is not too late - you have two years to sue for personal injuries. However, if you did not report it, document it, and quickly seek treatment for your personal injuries, you will have an extremely hard time proving any injuries resulted from the described incident. And this is without considering the other factual issues present in your facts. This will affect whether an attorney will want to take your case. Otherwise, you can sue on your own in small claims court for up to $10,000.
Wow! That's terrible. This reminds me of a case I had a few years ago where my client's brother ran over her on purpose with his pick up truck while screaming "DIE! [expletive] [expletive]." It's not too late to sue. Sounds like this might have been a hit and run. Did you get the other party's identifying or insurance info? If not, hopefully you had uninsured motorist coverage at the time. Either way, the first step would be to find insurance coverage and open up a claim. You could probably settle it without having to sue. I was able to get that client I mentioned above a good settlement.
***This response is provided solely for general information purposes and is not intended as legal advice, nor does it create an attorney-client relationship.
The short answer to your question is no, it is not too late.
Your state has a two-year statute of limitations for property damage claims is three years and for bodily injury it is two years.
If you were injured, your best bet to obtain the maximum settlement amount in this case is to ensure you have completed the necessary medical treatment and consult with an attorney in your area to obtain a more specific answer and get all of your legal options before deciding what to do. The attorney will also investigate all available coverages to ensure you have the maximum amount of coverages available to you. You may have some additional coverages on your own auto policy that can assist you of which you may not have been aware. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
Based on the fact presented, it is not too late. The Statute of Limitation for a bodily injury in CA is 2 years from the date of injury. Contact an attorney.
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