Did you know there may be a time limit on how long you have to file a lawsuit regarding your motorcycle accident? This is a called a Statute of Limitations, sometimes abbreviated SOL. The Statute of Limitations sets the time limits for the amount of time that someone can file a lawsuit, but this statute can be difficult to understand, because different factors affect which Statute of Limitations applies and only a qualified California attorney can give you the specifics of the Statute of Limitations in our state. However, you should contact an attorney as soon as possible just in case the time is short.
One of the factors affecting how long the Statute of Limitations is where the harm to you took place. In most cases, this will be California and so California Statue of Limitations will apply but in some cases it will be a different state. NOTE, if a government entity is involved the statute is usually shortened tremendously often times to only six months. Again, the best way to determine when you need to file by is to contact a motorcycle damages attorney. Another factor that might determine how long you have to file your lawsuit is what type of damage it was. The type of legal right that was violated can change the Statute of Limitations and your attorney will be able to give you this information.
Determining what kind of person was involved in the accident or injury is important, because the Statute of Limitations can differ between adults and minors, as well as changing for certain groups of people like the mentally handicapped so you’ll need to know specifically who was injured and ask your attorney what the statute is for the class of people that were inured in your accident. Also, there may be differing Statute of Limitations law for lawsuits against agencies like government organizations than there is for private parties and individuals.
In California, the Statute of Limitations for personal injury, barring other factors which were already mentioned, is two years. For personal property damage the law allows three years and for product liability – such as if a part on your motorcycle malfunctions and causes you to have an accident – is two years as well. Again, these may change depending upon circumstances so make sure that you contact an attorney in California familiar with car and motorcycle accident law to avoid waiting too long and giving up your right to file a lawsuit.
Even if you have far surpassed your Statute of Limitations you should still contact an attorney and explain your case. There may be mitigating circumstances which will still allow you to file a lawsuit. One example of this is the discovery law. This law allows for a certain period of time to discover the injury and wrongdoing, and might apply in a case where the back injury that you sustained in a car accident did not start giving you problems until three years later. The discovery rule allows the lawsuit to be filed for a period of time after the injury has been discovered.
