Statute of limitations refer to the time permitted by law for you to file claim for your injuries. Each type of case has a different statute of limitation. Statute of limitations are different when filing against a government entity. Since most bus companies are considered government entities you have very short period of time to file a claim for injuries. If you have been injured in a bus accident make sure you file your claim immediately.
In California you only have 6 months to file a claim for damages. A claim for damages is different than a lawsuit. You first file a claim with the transit authority i.e. MTA. This can be done by filing the accident form on their website. Before preparing this document make sure to consult with an attorney.
You should be clear and concise, but be cautious as to how you word your statements. Many times these statements can be used against you in order to deny or limit your claim for recovery.
After you file your claim with the transit authority responsible for your injuries, you will have 2 years from the date of the accident to file a lawsuit. A lawsuit will be filed if the MTA does not properly work to address your claims. It is our experience that these types of claims will generally be resolved when a lawsuit if filed.
If you are considering whether to contact an attorney, make sure that they are aware of the 6 month statutory requirement for filing a claim with the transit authority or MTA. If a claim is not filed in that time period you may lose your right to file suit. For more information on Bus Accidents see here.
This is not a good sign. In certain cases you can appeal that statute of limitations if there is good cause. In some cases the party seeking to bring a claim was really injured. The injury, if serious can act to toll the statute. However, if you missed the statute for no good reason then you will likely not be able to pursue a claim for injuries. In certain situations your attorney may not have been aware of the 6 month statute. In such cases you should speak with them in order to understand the full extent of the facts.
Even if the statutory period has expired you should still try and file a claim if you have serious injuries. While this may limit or bar you recovery it is still worth a try in order to possibly appeal the case.
Things to Remember
Here are few things you should remember if you were involved in a bus accident, consider it your guide to dealing with a bus accident.
The Downtown L.A. Law Group deals with bus accident claims throughout California. We are available for contact anytime of the week. You can reach us via e-mail, text or call us. Our office is here to help.