MY INJURY WAS SEPT 2013. I WAS CONFINED IN THE HOSPITAL FOR 2 YEARS SO I WAS EXCEEDED THE STATUE OF LIMITATION. cAN I STILL FILE THE CASE
1 Answer from Attorneys
The California Code of Civil Procedure states:
(a) If a person entitled to bring an action, mentioned in Chapter 3 (commencing with Section 335) is, at the time the cause of action accrued either under the age of majority or lacking the legal capacity to make decisions, the time of the disability is not part of the time limited for the commencement of the action.
(b) This section shall not apply to an action against a public entity or public employee upon a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) or Chapter 2 (commencing with Section 910) of Part 3, or Chapter 3 (commencing with Section 950) of Part 4, of Division 3.6 of Title 1 of the Government Code. This subdivision shall not apply to any claim presented to a public entity prior to January 1, 1971.
These matters a re very fact specific. I'll be happy to provide further information if needed.