Can a case still be filed for an accident that happened almost a year ago? 32 Answers as of May 22, 2013

I parked my car in a street and a county sheriff, who tried to park in front of mine, damaged my car. The police went to the scene and made a report. I had a detective assigned to investigate the case. I also had filed a complaint with internal affairs. Almost a year later, I still have not heard from anyone. Whom should I sue in this case?

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Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
Assuming the County Sherriff was working at the time of the accident, then your claim against the County Sheriff, the County Sherriff's Office and/or the County would be governed by the Nebraska Political Subdivisions Tort Claim Act ("the Act."). Without knowing which County Sherriff's hit your vehicle I cannot answer who you could make a claim against. You could always just name the County Sherriff, who was the person who hit your vehicle. Under the Act, you must file a written claim, usually called a "Tort Claim" with the "clerk, secretary, or other official whose duty it is to maintain the official records" of the County. In addition, some counties also permit you to file the Tort Claim with the County Attorney's Office. There are time limits you need to be aware of. The Tort Claim must be filed within one (1) year of the date of the accident. The County then has six (6) months to decide what, if anything, they want to do the claim. If they deny your claim or do not do anything after 6 months you can then sue. In almost all cases, you have two (2) years after the accident to file a lawsuit. If you do not file your Tort Claim within 1 year of the accident or a lawsuit within 2, your rights to collects would have expired and if you filed a lawsuit, whoever you sued could assert your failure to comply with these requirements and your lawsuit would be dismissed. You should talk to an attorney to as soon as possible to learn more about your rights and the Political Subdivisions Tort Claim Act.
Answer Applies to: Nebraska
Replied: 9/13/2012
Robinette Legal Group, PLLC
Robinette Legal Group, PLLC | Jeffery Robinette
In West Virginia you have two years from the time of the collision to file a lawsuit. A good personal injury lawyer can help you to pursue your claim and will find any insurance money that may be due to you. The lawyer will be paid a percentage of the amount given to you by the insurance company, so you will not have to pay any money up front.
Answer Applies to: West Virginia
Replied: 8/27/2012
Stephens Gourley & Bywater | David A. Stephens
You should sue the driver of the car and the Sheriff's Department.
Answer Applies to: Nevada
Replied: 8/27/2012
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Find out if the county has a claims office and simply call and ask. Looks like your claim fell through the cracks if there is no claims office call the county attorney and ask. Don't be bashful.
Answer Applies to: North Carolina
Replied: 8/27/2012
John Russo | John Russo
3 years is the common statute.
Answer Applies to: Rhode Island
Replied: 8/22/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Sue the county. You have two years from the accident.
    Answer Applies to: South Carolina
    Replied: 8/22/2012
    Gebler & Weiss, P.C. | Jerrie S. Weiss
    In California it is a two year statute of limitations, but only 6 months if it is against a government entity.
    Answer Applies to: California
    Replied: 8/22/2012
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    Based on your question, I am presuming this did not occur in Louisiana (hint = county vs. parish). As such, I must assume that this occurred in Mississippi as I am only licensed in those two states. If this happened in another state other than Louisiana or Mississippi, then you should consult another attorney licensed in your state or the state in which this occurred. If this occurred in Mississippi, you have one year to bring an action against the state or another political subdivision of the state - such as the county. You should meet with an attorney as soon as possible to ensure that you do not lose your legal right to recover for your damages. Good luck.
    Answer Applies to: Louisiana
    Replied: 8/22/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    You cannot sue local governments without sending a written notice of your claim to the local governing body first.
    Answer Applies to: Georgia
    Replied: 8/22/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Yes you would go after the town.
    Answer Applies to: Connecticut
    Replied: 8/22/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    If the case is against the state (or any government entity), you only have 1 year to file a notice of claim. If it is not against the state, you have longer.
    Answer Applies to: Utah
    Replied: 8/22/2012
    The Phillips Law Firm
    The Phillips Law Firm | Joseph J Ganz
    Yes you can. In WA the time limit is three years. You need to file a claim against the county and the Sheriff's office. You are required to file a notice of claim before you are entitled to file a lawsuit. My best advice it to engage a lawyer to assit you as the process can be confusing. Good luck.
    Answer Applies to: Washington
    Replied: 8/22/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You can't. You can only file a claim with your auto insurance company for property damage.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Mosley, Engelman & Jones, LLP
    Mosley, Engelman & Jones, LLP | Britany M. Engelman
    Unfortunately in a case involving a government agent such as this, the statute of limitations in which to file the required governmental claim is only 6 months from the date of incident. You may be able to get reprieve by filing for a late government claim.
    Answer Applies to: California
    Replied: 8/22/2012
    Law Offices of David W. Hibbert
    Law Offices of David W. Hibbert | David W. Hibbert
    In Georgia an injury claim usually has a two year statute of limitations. So, one year is usually fine, however, there may be certain pre litigation notices which are required to be given out earlier than that. Check you own jurisdiction. In Tennessee there is a one year limit on bringing such a lawsuit.
    Answer Applies to: Georgia
    Replied: 8/22/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Did you submit a claim to the county or the county's insurance company? You should have insurance company's info already from the accident report.
    Answer Applies to: Texas
    Replied: 8/22/2012
    Allen Legal Services PLLC
    Allen Legal Services PLLC | Eric Allen
    Unfortunately, claims against a government entity or government employee must normally be made within 1 year from the date of loss by filing a notice of claim with the appropriate government entity. There are very specific rules about what needs to be in the notice of claim and who you have to provide it to. If it hadn't been a government employee, you would probably have had 4 years to bring suit.
    Answer Applies to: Utah
    Replied: 8/22/2012
    Law Office of Gregory Crain | Gregory Crain
    Yes.
    Answer Applies to: Arkansas
    Replied: 5/22/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    As it was a County Sherriff, I would say, in New Jersey you would have had to file a Title 59 Notice of Intent to sue within 30 days (maybe 45). Without that you are not able to sue. Sorry.
    Answer Applies to: New Jersey
    Replied: 8/22/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    This is only property damage? If so, talk to your insurance company or the municipalities insurance co. Otherwise, go see an attorney right now. The statute of limitations against a municipality is 1 year and 90 days from the date of the crash. You'll need to do a motion to late file a notice of claim (assuming you didn't do one). Research the General Municipal law section 50-e. Good luck.
    Answer Applies to: New York
    Replied: 8/22/2012
    Mike Yeksavich | Mike Yeksavich
    You may be out of luck if this is an Oklahoma case because of the strict rules of the Government tort claims act.
    Answer Applies to: Oklahoma
    Replied: 8/22/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    You must sue within two years. File suit or you will be delayed out of court.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    You have 3 years to file but when you intend to bring an action againstin this case- a county, there is a claim process you Must follow Prior to commencing a lawsuit. If you neglect the claim process you will not have an otherwise valid lawsuit.
    Answer Applies to: Washington
    Replied: 8/22/2012
    Shaw Legal Services
    Shaw Legal Services | Anne Shaw
    You may still have time to sue, but you need to act quickly because there are strict time limitations. How much was the damage? You likely could sue both the Sheriff who actually hit your car and the Sheriff's department if he was in his official capacity. You should consult with an attorney as there are many complicated factors in your case. Your statute of limitations might even be shorter since a government employee damaged your property. You should also seek coverage under your own insurance.
    Answer Applies to: Illinois
    Replied: 8/22/2012
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