Monday, February 1, 2016
Things to know if you are injured in a Mass Transit Accident: (Part 3 of 3)Statute of Limitations:
You're Injured, Now What?
An update to keep you informed on personal injury situations.
Don’t wait to file your claim! Most personal injury claims have a two year statute of limitations but claims against mass transit agencies expire within just six months. This means that someone who is injured on a county bus, for instance, would only have 6 months to file a claim for compensation of their injuries against the corresponding public transportation agency. These time constraints are regulated by the Tort Claims Act which provides procedural regulations and requirements when filing a claim against a governmental entity such as a mass transit agency. As regulated by the Torts Claim Act, you must file a claim with the mass transit agency before filing a formal complaint within the court system. It is very important that any person injured in a mass transit accident be aware of time constraints concerning their claim. Time is of the essence when it comes to seeking compensation from any government agency and the procedural requirements are very unforgiving, even to ignorance. It is the responsibility of the claimant to be informed of all procedural requirements regarding their claim so the “I didn’t know” excuse generally won’t cut it when arguing your right to file a claim after the deadline. However, there are some exceptions to this rule and even if you think your claim’s statute of limitations has expired, you should seek a consultation with an attorney just to be sure. Laws are constantly changing and new precedents are constantly being set by other cases so don’t be afraid to contact an attorney for advice concerning your rights when filing a claim.