When you have been the victim of negligence or recklessness due to a bus collision, California law dictates the deadline by which you must file a personal injury lawsuit. A statute of limitations is the period of time designated by state legislation that you, as a claimant/plaintiff, have to take action and file a claim against another party to seek restitution for your injuries.
It is vital to know the Burbank bus accident statute of limitations so that you do not lose your right to sue. Depending on who you are suing, state legislation mandates the filing of a lawsuit within a certain time frame. There are also exceptions to the statute of limitations that might extend the time you have, which is called tolling.
To avoid confusion and to ensure that you have a fair chance at receiving compensatory damages, consider reaching out to an experienced bus wreck attorney from Block LLP who is knowledgeable about the statute of limitations applicable to your case.
What Is the Statute of Limitations for Filing a Lawsuit After a Bus Accident?
A bus collision is considered a personal injury lawsuit, and California law states that a claimant has two years from the date you were injured to file suit. While two years sounds like a long time, it could pass quickly if you are dealing with injuries, lost work and wages, insurance companies, and evidence collection. It is important to keep track of time after a bus accident in Burbank so that you may file a claim under the statute of limitations.
The two-year statute applies if you are planning to sue an individual or a private entity, such as a bus company (California Code of Civil Procedure § 335.1). However, if a governmental agency owns the bus, such as the city or a school district, you only have six months from the date of the accident to file a claim against the agency (California Government Code § 911.2), and you must follow the claim submission procedures first. If your claim is denied, you then have six additional months from the date of the rejection to file a lawsuit.
What Are the Exceptions to the Statute of Limitations for Bus Accidents?
Sometimes, the statute of limitations for a bus accident in Burbank is tolled, or held off, until a certain action occurs. Any of these exceptions could prevent the statute of limitations from beginning on the date of a bus accident, depending on the circumstances. Some of the exceptions that might extend the statute include:
- If the plaintiff is a minor, which means the statute of limitations may begin when the individual turns 18 years of age
- If an injury due to a bus accident is not discovered immediately, and you do not feel pain or notice the injury until later
- If the defendant in the lawsuit leaves the state, the statute of limitations extends until they return
- If the plaintiff is mentally incapacitated at the time of the accident
A qualified lawyer who is familiar with personal injury lawsuits could assist you in determining when the statute of limitations starts (or has started) running for your case, and if there are any tolling exceptions.
Contact a Bus Accident Lawyer in Burbank for Help With the Statute of Limitations
If a bus accident has significantly altered your quality of life due to injuries or property damage, filing a lawsuit against the bus company or governmental entity may be your best option for compensation. Since the statute of limitations generally begins running on the day of the accident, you may want to contact an attorney as soon as possible to learn more about the Burbank bus accident statute of limitations and to start the process. This may help ensure that you do not miss your opportunity to file a lawsuit.
Our seasoned personal injury lawyers at Block LLP are ready to talk to you about your case. Contact us today to discuss your legal options during a free consultation.