Legal Question in Personal Injury in California

Re: statue of limiations for bodily injury

The statute has been revised from 1 year to 2 years beginning 1/1/2003 therefore if the incident occurred after that date the statue of limitations is 2 years. However, you must respond to the complaint and make a written motion to demur even if the statute of limitations ran or else it may be deemed that you waived it. Cal me directly at (619) 222-3504.

Re: statue of limiations for bodily injury

Property damage is 3 years.

Re: statue of limiations for bodily injury

Prior to 2003, the statute for bodily injury was one year from the date of loss. Starting Jan 1, 2003, the time limit is 2 years. Property damage remains at 3 years. Turn the lawsuit over to your ins. co. and they will defend you at no charge.

Re: statue of limiations for bodily injury

It has not been decided whether accidents that occurred in 2002 are covered by the one- or two-year statute of limitation that took effect on 1/1/03. As a plaintiff's attorney, I always argue that it is 2 years, not one. Nevertheless, if you had insurance at the time, that's the best place to turn. Send them a copy of the summons and complaint ASAP. Also, if the other party had been paid by his/her own insurance company, there's a different statute of limitation for coming after you in subrogation. Good luck!