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.
You might have a number of questions, including the following:
- How long do I have to file my injury claim against the bus company?
- What happens if I miss the statute of limitations and don’t file on time?
- Can I file a late claim?
We have provided you with the answers to these questions below.
How Long Do I Have to File My Claim against the Bus Company?
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.
What Happens If I Miss the Statute?
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 your recovery it is still worth a try in order to possibly appeal the case.
Can I File a Late Claim? – Filing a Late Claim against a Bus Operator
If you missed the deadline to sue after your bus accident, you might have some of the following questions:
- Can I still sue if I miss the deadline to file a government claim against the MTA?
- Can I still sue if I missed the deadline to file my claim against the bus company?
- Can I still sue if I missed the deadline to file against the city bus operator?
In general, if you fail to file your injury claim on time, then you lose your right to sue entirely. However, you can actually request permission to file a late claim. More specifically, you will need to present an application for permission to file a late claim within one year of the incident. Although this is an option, you should never assume that this application for a late claim will be approved – the government entity can still deny the application.
Of course, if the application is approved, you can proceed with your claim. What if your application for a late claim is denied? If your application is denied, then you can file a civil petition for relief from the requirements to present the government claim. This petition must be filed within six months of the application for a late claim was denied. Of course, even though this is an option, there is no guarantee that the petition will be approved and that you will be able to file your claim.
Here at our law firm, we understand that things are not always smooth – especially after an accident. Many things could eventually lead to missing the deadline to file a government claim. Although you might have assumed that by missing the original six-month deadline you have lost the right to sue entirely, you still have options. We are ready to help you file your claim even if it’s late.
Bus Accident Guide
– Bus Accident
– Common Causes of a Bus Accident
– Bus Accident FAQ
– Value of a Bus Accident Lawsuit
– How to File a Bus Accident Claim
– Who can I sue?
– Statute of Limitations
– Statute of Limitations – School Injury
– School Bus Accident
– Bus Tow Truck Accident
– Prison Bus Accident
– Hit and Run Bus Accident
– Charter Bus Accident
– Airport Shuttle Bus Accident
– Tour Bus Accident Attorney
– Greyhound Bus Accident
– Bus Passenger Injury Attorney
– Bus Stop Accident Attorney
– Wheelchair Bus Lift Accidents
– Bus Door Accident Injuries
– Bus Accident with Bicycle Attorney
– Bus Pedestrian Accident
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.
- Seek medical treatment for your injuries. Make sure you understand the full extent of your injuries.
- Contact an attorney if you have questions regarding the filing of your claim.
- File a claim with the transit authority within 6 months from the date of the accident.
- Do not make any statements that are recorded. Insist that all statements be written, or any verbal statements not be recorded.
- Make sure to file your claim even if you were not a passenger on the bus i.e., pedestrian or vehicle that was involved in a car accident with a bus.
- Heal. Take time and heal from your injuries. We know this can be a stressful period, therefore you should take time and heal properly.
- If no resolution is offered for your injuries, file a lawsuit for your injuries.
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.