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Page 12 of 23 |
If I want to file a lawsuit for injuries I suffered as a result of bus, train or airplane accident, do I have to do so by a certain time? |
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Most states require that a personal injury lawsuit to recover damages be filed against a common carrier within a certain time period. This time period is called a "statute of limitations." If a lawsuit is not brought within the time period specified by the statute of limitations, the injured party loses his right to sue and recover losses for his or her injuries. Most courts strictly apply the statute of limitations with only a few exceptions. For example, California's statute of limitations generally requires a personal injury action to be filed with the court within two years from the date the injury occurred. If you have been injured by a common carrier, please seek the advice of an experienced personal injury attorney to determine the appropriate statute of limitations which covers the filing of your complaint.
Additionally, if the common carrier is a government-owned entity (i.e., owned by the federal, state, county or city government), there may be special notices that must be given within a certain time period to the government entity before filing a legal claim. The time limit and notice requirements are usually set forth within the local municipal regulations. Sometimes, the time limit in which to provide notice is very short, such as 30 to 60 days. An experienced attorney will be able to give you reliable information as to appropriate time limits and notice requirements.
Some common carriers require specific notice, filed within a certain time, of injuries suffered while using their services, and include these requirements in their transportation agreements. To determine whether such a notice is required and within what time, please seek the advice of an attorney. |
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