12 September, 2022
Written by The Barnes Firm, reviewed by Richard Barnes
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Rich Barnes
President
Disclaimer: *Steve and Rich Barnes have obtained millions in recoveries for their clients and have supervised over $2.5 Billion Dollars in settlements.
A statute of limitations is a time limit set for a person to file a claim for a crime or accident. Once that time limit has passed, the victim may forfeit their legal right to file a claim against the at-fault party. If you are considering suing a person or entity for an accident or crime committed against you, it’s essential that you consult an experienced attorney who can make sure you file your claim within the statute of limitations.
The Barnes Firm is a team of highly skilled personal injury lawyers. We have extensive experience helping our clients whether or not it is possible to still sue someone after the statute of limitations has passed in New York & California.
The answer to this question is not a simple yes or no. In most cases, if a statute of limitations has passed for an accident or crime, you will have forfeited your legal right to sue the at-fault party. However, there are certain cases where a statute of limitations can be tolled. Tolling is when a statute of limitations is temporarily suspended or stopped for some time. Five situations in which a statute of limitations may be tolled include:
In these cases, the statute may be permanent or temporarily tolled, but the statute of limitations will begin again as soon as the toll is ended. Because cases involving tolling can be complicated, it is best to consult a trusted attorney who can tell you whether or not you are still within your rights to sue for the accident or crime.
The discovery rule is a way for the courts to provide people with particular circumstances equitable tolling. Those circumstances include the following:
If you’re unsure if the discovery rule may apply to your case, you should consult with an experienced personal injury lawyer who may be able to help you based on the details of your case.
When you’ve been harmed due to a crime or accident, you may be feeling unsure of what to do next. Seeking the help of a personal injury lawyer in New York or California is important to not only help you get justice but to ensure you file your claim within the statute of limitations set forth by the state governments.
The Barnes Firm is a team of personal injury lawyers with extensive knowledge of the state’s legal system and laws. Our skilled legal team is proud to provide our clients with the specialized service and dedicated representation they deserve. To set up a free case evaluation with one of our trusted attorneys, fill out our online contact form.
The Barnes Firm (800) 800-0000
“As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected by my peers to serve as president of the WNY Trial Lawyers Association.”
Years of Experience: 30+ years
The Barnes Firm is here to help you. Our personal injury firm helps individuals and their families who
have suffered an injury in an accident.
Whether your car crash was minor or serious, any injuries sustained in an accident can be painful and costly.
All motorcycle accidents are different, the compensation you receive will depend on the circumstances surrounding your accident.
A truck accident can be catastrophic, even in low-impact crashes, if you or your family are involved, you may be entitled to significant financial compensation.
There are dozens of accidents involving school buses each year, most commonly, involving children outside a school bus.
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