QUESTION

Can I still sue if I was attacked by three Rottweilers back in 2012?

Asked on Mar 15th, 2015 on Personal Injury - California
More details to this question:
I was attacked by three Rottweilers on a friend's property on January 16, 2012. I had a lawyer drop my case one year after the accident due to the homeowners insurance did not include coverage for that breed of dog. The lawyer told me I could sue for liability. My question is, can I still sue after all this time? I also wanted to sue the hospital because they didn't notify the animal control.
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4 ANSWERS

Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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Give it up. You should sue yourself for not notifying Animal Control and for blowing the 2-year statute of limitations. There is no indication of any delayed accrual nor tolling of the statute of limitations (but you should meet with an attorney to be sure).
Answered on Mar 18th, 2015 at 3:38 PM

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In California, a personal injury case such as yours must be filed within two years of the incident, so your case does seem to be barred. If your former attorney did not warn you of the applicable Statute of Limitations, he may have committed legal malpractice, but the statute of limitations for that is one year from the date the act occurred or you reasonably should have know of the improper act. It will be difficult to prove you should not have known before. ?Did he tell you a different date to sue; then you might have a cause of action. If the owners of the dogs had any equity in the home, he should have sued and not dropped the case merely because he thought he could not make much of an attorney's fee. So you might want to see the State Bar as to whether they feel he acted improperly.
Answered on Mar 17th, 2015 at 6:37 PM

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Personal Injury Attorney serving Pasadena, CA at Law Offices of Pius Joseph
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Unless you were a minor at the time of the dog attack your claim is barred by the statute of limitations . That means it is hopelessly past the two year time within which you had to file a lawsuit.
Answered on Mar 17th, 2015 at 6:36 PM

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Edwin K. Niles
As a general rule, the statute of limitations is 2 years. When the lawyer dropped the case, he probably sent you a letter telling you so. However, there are some very narrow exceptions. Get a free conference with an injury lawyer ; he or she can review your case with you.
Answered on Mar 17th, 2015 at 6:36 PM

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