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statute of limitations question

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oracle117

Member
What is the name of your statE california

a PI case was filed in 2/2003 (accident 3/2002) at that time there was a one year statute of limitations. now there is a two year statute of limitations.

the case is dismissed without prejudice 3/2004.

can you file a new suit for the same accident now?


thanks
 


I AM ALWAYS LIABLE

Senior Member
oracle117 said:
What is the name of your statE california

a PI case was filed in 2/2003 (accident 3/2002) at that time there was a one year statute of limitations. now there is a two year statute of limitations.

the case is dismissed without prejudice 3/2004.

can you file a new suit for the same accident now?


thanks

=========================================

My response:

The Statute of Limitations for injuries changed from 1 year to 2 years in January of 2002. Therefore, on the date of your accident, there was a two year limitations period in effect - - which would carry your claim up to March of 2004.

If your dismissed action can "relate back" to the original complaint; i.e., repairing the causes of action of the original action, then you can refile an "amended complaint" without fear of being barred by the Statute of Limitations.

IAAL
 

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