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Statute of Limitations for filing?

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M

mskslr

Guest
What is the name of your state? California

Is the two year statute of limitations retroactive? I think it became effective Jan. 1, 2002. My accident was late 2001. I'm OK filing now, if the two years applies, if not I'm too late!
Anyone know?

Thanks so much,
Karen
 


I AM ALWAYS LIABLE

Senior Member
mskslr said:
What is the name of your state? California

Is the two year statute of limitations retroactive? I think it became effective Jan. 1, 2002. My accident was late 2001. I'm OK filing now, if the two years applies, if not I'm too late!
Anyone know?

Thanks so much,
Karen

My response:

California's new 2 years Statute of Limitations for claims of damages due to bodily injuries took effect on January 1, 2003. Because it was not an "urgency" law, it is NOT retroactive to any previous years - - (with the exception of 9/11/01 victims).

In short, if you have failed to file your Complaint in court prior to the old 1 year Statute of Limitations, you are now "time-barred" from making any claims for your damages; e.g., bodily injury damages and General damages (pain & suffering). However, you are NOT time-barred for making a claim for your property damages, which has a 3 year Statute of Limitations.

IAAL
 

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