Sacramento, CA asked in Car Accidents, Insurance Bad Faith and Personal Injury for California

Q: how long do I have to pursue this claim.

I was injured as a pedestrian on 12/25/2012. I filed a lawsuit two years later in pro per to meet statutes of limitations. By 10/5/2015 I was ill and had the case dismissed without prejudice. Can I open this claim again or am I done.

3 Lawyer Answers
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: It depends on why it was dismissed and on the facts of your case. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: If it was dismissed without prejudice by agreement of the parties,then you may be able to file. If you just did it on your own, unless a judge entered a dismissal without prejudice you could have problems. Why not contact a member of CAOC--they give free consults!

Steven M. Sweat
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Answered
  • Personal Injury Lawyer
  • Los Angeles, CA
  • Licensed in California

A: I agree with the answers above, the fact that it was dismissed without prejudice may allow you to re-file but, does not necessarily allow you to file beyond the statute of limitations period. You should consult an attorney immediately about the facts of your particular case.

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