The time you have to sue for your bus accident is called statute of limitations. The statute of limitations starts the day of your accident. When it ends, or runs out, depends on the state where you live.
Personal injury laws vary from state to state. The time you have to sue ranges from a year in some states to six years in another state. Most states have a typical statute of limitations of two years. This means from the date of your bus accident to two years later you are allowed to fill a lawsuit. For instance, your bus accident happened March 9, 2014. You have until March 9, 2016 to sue.
The Statute of Limitations depends on the Who Owns the Bus Company
The statute of limitations may change depending on who owns the bus that caused the accident. If a private company owns the bus, the you have may have one to six years to file a claim depending on state law.
If the government owned the bus, you may a limited amount of time. For instance, in the state of California a claim against a government agency cannot be filed in county court first. You must file an administrative claim with that particular government agency. It has 45 days to deny, approve or ignore the administrative claim.
If they deny or ignore the administrative claim, you then have six months to file your bus accident claim in county court.
Many states have separate statute of limitations laws for government agencies and private citizen who are at fault for an accident.
Your Bus Accident Lawsuit will be Dismissed if it is Filed after the Statute of Limitations End
The most important thing to remember is have the lawsuit file as soon as possible. If your time runs out, your case will be dismissed with prejudice. To have the case dismissed with prejudice means that you cannot refile. The reason for this is that you waited too late to file your bus accident lawsuit.
You Should Never Negotiate with the At-Fault Party and Delay Filing Your Bus Accident Claim
The at-fault party can be anyone from the bus driver to another driver operating a motor vehicle. It could even be the manufacturer of the bus or bus company. It does not matter who the party is when it comes to protecting your rights to sue.
You should never negotiate with the at-fault party and ignore your statute of limitations. Sometimes an at-fault party can have bad intentions. They can try to delay negotiations until after your statute of limitations ends. After that time, they are not legally required to pay you any money for your bus accident injury.
You can File a Bus Accident within Your Statute of Limitations and Negotiate a Settlement
Personal injury law does not prevent you from filing your bus accident claim and negotiating with the at-fault party. It is what personal injury attorneys do to protect your legal rights in a bus accident. It is the best way to protect your legal rights.
It prevents the at-fault party from dragging out settlement negotiations to try to prevent you from filing your lawsuit on time. In addition, it also gives you leverage during settlement negotiations. If negotiations fail, you can try your bus accident claim in court.
Contact a Personal Injury Attorney about Your Bus Accident
When you are injured in a bus accident and it was not your fault, you have the right to sue. The person or company you sue for harming you may change the amount of time you have to file your lawsuit. However, it is vital that your lawsuit is filed quickly. Any delay in filing your claim may put your statute of limitations in jeopardy.
To protect your legal rights and understand the complicated statute of limitations law, contact us immediately. We are experienced in bus accidents and statute of limitations. For instance, if did not discovery your bus accident injury until after the statute of limitations ran out, you still have time to sue. You generally have one year from the date you discovered your injury to sue in county court.
Contact us today for help with your bus accident claim.