Legal Question in Mediation in California

This has nothing to do with mediation. Please repost in an appropriate category.

Notwithstanding that this is not a mediation question as posed, the decision whether to file litigation at this stage is complex. One important consideration is the applicable statute of limitations. State laws of limitation limit the time within which you can file a lawsuit depending on the type of injury incurred. Negligence and/or breach of contract actions have different limitation periods. Usually the shortest is one year. Breach of a written contract is usually four years. Another consideration is whether the amount at issue determines which court you can file in. Typically small claims courts which move quickly to resolution are limited to under $5,000. If as indicated you are seeking more than the small claims limit then you have to waive the difference or you have to file in another court. The Superior Court's often have back loads which will lengthen the time to resolution. So these are considerations that affect your decision making process. If there is no insurance you can file against the company and its employee and let them cross-complain against the insurance company on the coverage issue. Sometimes a lawsuit is necessary to force the parties to take the issue seriously. Also, most courts have mediation programs that they refer you to in order to reach a settlement and avoid the costs of litigation. The courts also have settlement programs where you are encouraged to settle the case. However, you may need to consult a lawyer to help you in addressing the issues mentioned above. Don't wait too long before assessing the issues of limitations and jurisdiction. Good luck!