Statute of Limitations – School Injury Lawsuit
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Personal Injury Lawsuits Against Public Schools
For decades Public entities in the United States enjoyed public immunity from personal injury claims. Recent laws have waived the immunity government entities had. However there are certain restrictions placed against claimants against a government including a restricted statute of limitations. Under California law a victim of a personal injury or accident claim has 180 days (or 6 months) from the date of the accident to file an administrative claim with the public entity (ie school district). If and when the claim made against the school district is denied an individual has two years from the date of the injury to then re-file the claim in a civil court of law. Minor Status of the Injured Victim: The State of California provides deference to minors under the age of 18 who have suffered an injury due to the negligent on intentional actions of others. Under California law minors have two years from the date of their 18th birthday to file a claim in civil court. Personal Injury Lawsuits Against Private School: In the State of California a victim and an accident or serious injury has two years from the date of the injury to file a claim. Exceptions to the Statute of Limitations: In certain circumstances courts will allow for a temporary halting or tolling of a statute of limitations. Some of the most common instances where courts of tolled a statute include- Physical incapacitation of the injured party
- Mental incapacitation of the victim’
- Where the injury did not manifest itself until a later time after the accident had take place
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