A statute of limitations is the time limit an individual with a legal cause of action has to file a claim against an at fault party in the court of law. There are many different accidents and injuries which can take place in a school including, exposure to dangerous chemicals and substances, falls, school bullying, auto accidents involving school buses, and sexual assault. Students and adults over the age of 18 are entitled to compensation from all at fault parties which may include the school district. Every jurisdiction in the United States has a different statute of limitations pertaining to personal injury lawsuits. Failure to File a Claim within the Statutorily Designated Time Limit: A victim tight to receive monetary compensation for the harm suffered will be eliminated if there is a failure to file a claim within the statute of limitations designated by the jurisdiction where the case is to be tried.
Personal Injury Lawsuits Against Public SchoolsFor 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