Can I Pursue a Civil Lawsuit for a Hit-and-Run Incident After the Criminal Statute of Limitations Has Expired?

Question from j, Can I Pursue a Civil Lawsuit for a Hit-and-Run Incident After the Criminal Statute of Limitations Has Expired?

Answer from AI:

Even though the criminal statute of limitations for a hit-and-run incident in California is typically three years, you may still have options to hold the responsible party accountable for your injuries. One of these options is to file a civil lawsuit for personal injury.

Understanding the Statute of Limitations

The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. In California, the statute of limitations for personal injury cases is generally two years from the date of the injury. However, there are exceptions to this rule.

The Discovery Rule: In some cases, the statute of limitations does not begin until the injury is discovered, or could have been discovered with reasonable diligence. This is known as the “discovery rule”. If you only recently discovered the identity of the driver involved in the hit-and-run incident, this rule might apply to your case.

Consulting with a Legal Professional

It’s important to consult with a legal professional to understand your options. They can help you determine whether the discovery rule or another exception applies to your case. They can also guide you through the process of filing a civil lawsuit, if that is the best course of action.

Steps to Take

If you decide to pursue a civil lawsuit, here are some general steps you might take:

1. Consult with a personal injury attorney: They can help you understand your rights and options.
2. Collect evidence: This might include medical records, police reports, and any other evidence related to the incident.
3. File a lawsuit: Your attorney can help you file a lawsuit against the responsible party.

Remember, every case is unique, and these steps might not apply to your specific situation. Always consult with a legal professional for personalized advice.

Resources

For more information on the statute of limitations and personal injury lawsuits in California, you can visit the California Courts Self-Help Center and the California DMV.

Please note that this information is general in nature and does not constitute legal advice. Always consult with a legal professional for advice tailored to your specific circumstances.