56 years old Ena Villalobos was killed when a negligent tour bus driver failed to stop at the cross walk. As a result the pedestrian was fatally struck and succumbed to her injuries shortly after the injuries. Authorities are still trying to piece together the events of the loss, but this highlights the growing danger with tour bus driver accidents. In the past few months we have seen a number of tour bus accidents occur throughout Southern California. Our office is representing those involved and we want to shed light on the growing number of injuries which occur.
Filing a Lawsuit – Statute of Limitations for Filing a Claim:
In California you have two years from the date of the accident to file a lawsuit for a personal injury. However, it is NOT advisable to wait such long periods of time, why? Because it is necessary to collect the information needed to prepare for the ultimate lawsuit immediately. Often times if you wait, you risk tampering of evidence issues that can damage the case.
Additionally, waiting will only pro-long the suit. Courts in California have recently become clogged or backed up. As a result many cases will not make it to trial for at fourteen months or more. In such cases you need to act swiftly in order to make sure you avoid delays.
Going through a tragic loss is difficult on the entire family, but steps should be taken in order to secure your rights. It is almost imperative that you get the necessary documents secured in order to file a lawsuit.
Who Can Initiate A Wrongful Death Lawsuit
: Any surviving heir can file a claim for damages. What this means is that any party who is a direct family member can potentially file a claim for damages. It is important to remember that only immediate family can pursue a claim for damages. If you are considering filing suit remember that specific timly filing deadlines will apply to the case.
California Common Carrier Laws