Can a case still be filed for an accident that happened almost a year ago? 32 Answers as of May 22, 2013I 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?
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
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
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
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
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
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
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
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
Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
In Ga you are within the statute of limitations to file a claim. However, claims against government entities often require a timely pre-suit notice before you may file. If you didn't serve the Def with an ante litem notice you may be barred.
Answer Applies to: Georgia
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