Question: I was in a serious auto accident in 1996 and thought that I came out with no injuries, but found out about two years ago that I had some internal injuries done to both my knees. How I have serious knee problems at the age of 36. Is there a statute of limitation on personal injuries from an auto accident?
Answer: Statute of limitations or no statute of limitations, the first thing you should do is seek a lawyer. Personal injury is usually done under a contingency fee (meaning you pay attorney fees only when your lawyer gets money for you) and consultation is almost always free. The lawyer will analyze your situation and determine if he wants to run your case. You just sit back, answer questions, and be as helpful as you can. Torts based on negligence in California have a 2 year statute of limitation from the time of the accident, though sometimes it can be from time of discovery of injury depending on the situation. Even so, the statute of limitation defense is a defense – meaning if your opponent doesn’t raise it, it doesn’t apply. Depending on your adversary, that may or may not happen. Sometimes in the practice of law, after a summons and complaint has been served and there’s no answer for a period of time (meaning the insurance company or defendant dropped the ball), they would call the Plaintiff for time to extend the time to answer. Personally, if I give them that, I ask for them to waive jurisdictional defenses in return. This is by no means the usual way things happen, but it’s a possibility. Start calling lawyers in your area today and see if anyone will take your case. You’ve got nothing to lose.