Q: Am I still within the time limits to refile an auto negligence case that was dismissed WOP 6/23/2015?
Before the case made it to trial after over a year of litigation, I was convicted of a dom A&B that had me sentenced to a year in jail. The law firm representing me called my phone looking for me and was told by my girlfriend that I was in jail. a month later, without notifying me, the attorney withdrew from my case stating he didn't know where I was. immediately after the defendant filed a motion to dismiss and was granted without prejudice. Funny thing is the order granting the dismissal easily found its way to my jail cell. Defendant's answer to my initial petition doesn't deny rear ending me at a stop light (a no brainer case). Now that I'm out I'm curious can I find another law firm to refile it again? or is it too late?
A: You must file an action for auto negligence within two years after "the cause of action shall have accrued."
In an auto negligence case, the cause of action, generally begins to "accrue" on the date of the auto accident.
Because this case was dismissed almost four years ago, it appears you are out of time.
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