Got a Question on statute of limitations pertaining to suing for personal injury?
My husband was on leave surrounded by 2003, we went to California to visit his familial. While we were there we go to Six Flags. As we were exiting the tram, I was hit by it. The steps to enter and exit the tram, that jut out at the bottom. my husband and I be buckling our daughters into their strollers, and all of a sudden the back of my leg be in horrible pain. They give us free admission, and a wheel bench to use for the day. My husband had to be fund in Germany the next daylight, our flight was actually that darkness, and then he was sent vertebrae out to Iraq. I am bringing it up now because I am now have back problems because of it. I fractured my leg, which caused a slight stagger, my pelvic became un-aligned, and now I hold back trouble. I am only 24. Please any direction from a legal standpoint. Thanks in Advance :)
Answers:
The statute of limitations on any claim of civil tort is two years. Period. While some extentions own been granted in some greatly rare cases, I don't see anything in your story that would be considered an extenuating circumstance.
Sorry.
The Statute of Limitations on a personal injury suit within CA is two years from the date the injury occurred or was discovered.
Sorry, you are timed out.
EDIT...
'MSAD' is wrong. The two year SoL precincts the time you have to FILE a claim, not to settle it. Once a claim is filed it can sometimes run on for years.
Richard
There is no statute of limitations on civil suits. But the longer you wait the harder it will be to win.
California Statute of Limitations on Personal Injury is 1 year. You wait to long. There is nothing you can do now. Source(s): 18 yrs allowed in CA
Consult your attorney. Statutes of limitations ebb and flow by state. In most cases, civil lawsuits may not be initiated more than four years after the injury or damage.
If you were injured, even if your husband be elsewhere, you could have sought medical attention. Certainly, you could have sought official advice.
At this point, with some evidence available concerning your injuries at the time, Six Flags's attorneys will point out that intervening events unknown to Six Flags could hold caused your pain.
By waiting this long you may own lost the opportunity to recover your losses. But check with your attorney to form sure what options are available to you.
If you do not have an attorney, use the advocate referral service at the state bar association website. Source(s): 30 years experience in civil litigation
According to the AM Best directory - Digest Tables - the statute of limitations contained by CA for Personal Injury is 2 years.
That means - that the claim has to be settled inside 2 years of the date of the injury. If it goes 2 years and 1 day - you no longer enjoy a claim.
Even an attorney can't undo the statute. If a lawyer files a canon suit - the defendant would respond that the statute has run and the law suit would be dismissed and you would hold to pay your attorney for his services.
As Loves the Constitution points out.you are going to have causation problems. There have been a lot of time that have passed since 2003 - you are going to have to climb a pretty big hill to prove that the problems next to your back are because of this incident and not anything else. Something as simple as picking up your child or the laundry picnic basket the wrong way can cause a spinal column injury.
As Loves said.go speak to an attorney in your nouns.
But be ready to be told that you no longer have a satchel and there is nothing they can do for you. If, by some long shot miracle, you are competent to pursue a claim....expect a very long fight. Source(s): Insurance Adjuster 12 years
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Answers:
The statute of limitations on any claim of civil tort is two years. Period. While some extentions own been granted in some greatly rare cases, I don't see anything in your story that would be considered an extenuating circumstance.
Sorry.
The Statute of Limitations on a personal injury suit within CA is two years from the date the injury occurred or was discovered.
Sorry, you are timed out.
EDIT...
'MSAD' is wrong. The two year SoL precincts the time you have to FILE a claim, not to settle it. Once a claim is filed it can sometimes run on for years.
Richard
There is no statute of limitations on civil suits. But the longer you wait the harder it will be to win.
California Statute of Limitations on Personal Injury is 1 year. You wait to long. There is nothing you can do now. Source(s): 18 yrs allowed in CA
Consult your attorney. Statutes of limitations ebb and flow by state. In most cases, civil lawsuits may not be initiated more than four years after the injury or damage.
If you were injured, even if your husband be elsewhere, you could have sought medical attention. Certainly, you could have sought official advice.
At this point, with some evidence available concerning your injuries at the time, Six Flags's attorneys will point out that intervening events unknown to Six Flags could hold caused your pain.
By waiting this long you may own lost the opportunity to recover your losses. But check with your attorney to form sure what options are available to you.
If you do not have an attorney, use the advocate referral service at the state bar association website. Source(s): 30 years experience in civil litigation
According to the AM Best directory - Digest Tables - the statute of limitations contained by CA for Personal Injury is 2 years.
That means - that the claim has to be settled inside 2 years of the date of the injury. If it goes 2 years and 1 day - you no longer enjoy a claim.
Even an attorney can't undo the statute. If a lawyer files a canon suit - the defendant would respond that the statute has run and the law suit would be dismissed and you would hold to pay your attorney for his services.
As Loves the Constitution points out.you are going to have causation problems. There have been a lot of time that have passed since 2003 - you are going to have to climb a pretty big hill to prove that the problems next to your back are because of this incident and not anything else. Something as simple as picking up your child or the laundry picnic basket the wrong way can cause a spinal column injury.
As Loves said.go speak to an attorney in your nouns.
But be ready to be told that you no longer have a satchel and there is nothing they can do for you. If, by some long shot miracle, you are competent to pursue a claim....expect a very long fight. Source(s): Insurance Adjuster 12 years
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