There is a limited window for legal action after a car accident in California.
The California statute of limitations for car accident claims is a firm deadline for filing a lawsuit, which can directly impact your ability to recover compensation for injuries, medical expenses, and lost income.
Missing this deadline may result in losing the chance to pursue your claim.
Knowing the filing deadlines, potential exceptions, and the importance of quickly acting can significantly affect your ability to secure compensation.
For a free consultation and to connect with a skilled California auto accident lawyer, please call (408) 848-2208 or contact us online. We’re here to help you.
Understanding the California Statute of Limitations for Car Accident Claims
In California, there’s a strict timeline for filing lawsuits related to car accidents. The law gives you two years to file a personal injury claim from the accident date.
If the accident resulted in only property damage, you have three years to take legal action.
Missing these deadlines means you lose the opportunity to seek compensation for your injuries, medical bills, and other losses.
These deadlines apply whether you are filing a lawsuit against another driver, multiple parties, or even a company. Failing to act within the allowed timeframe will likely result in the dismissal of your case, leaving you without legal recourse.
When Does the California Statute of Limitations for Car Accidents Start?
You may wonder, How long after an accident can you file a claim in California? In most cases, the statute of limitations begins on the accident date. This is the moment when you should have reasonably known about your injuries.
However, some injuries may not be immediately apparent. For example, a concussion or soft tissue injury might initially seem minor but worsen over time. In such cases, the statute of limitations may start when you discover or should have reasonably discovered the injury. This is known as the “discovery rule,” allowing you to file a claim even if the injury wasn’t immediately apparent.
Understanding the start of your statute of limitations is essential for ensuring you don’t lose valuable time. The sooner you identify the proper timeline, the better your chance of securing compensation.
Exceptions to the Statute of Limitations for Car Accidents
While the California statute of limitations for car accidents is generally firm, you can extend the timeline in some situations.
One such exception is “tolling,” which temporarily pauses the statute of limitations, giving you more time to file under certain conditions.
Some situations that may extend the statute of limitations include the following:
- Minors. If the injured party is a minor, the statute of limitations doesn’t begin until they turn 18. From their 18th birthday, they have two years to file a lawsuit.
- Mental incapacity. If someone is mentally incapacitated at the time of the accident, the statute of limitations may be paused until they are mentally capable of making legal decisions.
- The at-fault party leaves the state. If the person responsible for the accident leaves California after the incident, the statute of limitations may be paused until they return.
- Government entities. If a government entity is involved, you must file a claim within six months. You have two years to file a lawsuit if the claim is denied.
These exceptions provide some flexibility, but acting quickly once the circumstances allow is essential. Waiting too long can make it much more difficult to file your claim successfully.
Why You Should File Your Lawsuit Quickly
Delaying the decision to file a lawsuit can have serious consequences. Waiting too long can jeopardize your ability to secure compensation and negatively impact the strength of your case.
Some consequences of missing the deadline include losing evidence and dismissal of your case.
People may hesitate to file a lawsuit for many reasons. Some may focus on recovery and believe they have more time than others. Others may not realize the severity of their injuries right away, or they might feel overwhelmed by the legal process. Some may even fear retaliation from the person responsible for the accident.
It is vital for you to preserve your legal rights. Acting sooner gives your attorney time to gather evidence, negotiate with insurance companies, and build a stronger case on your behalf.
Don’t Miss Your Chance to Obtain the Compensation You May Be Entitled To
If you were recently injured in a car accident, you have limited time to initiate the personal injury process. Once you file, however, you no longer need to worry about the statute of limitations.
Meeting with an experienced California car accident lawyer at Gonzalez & Jones, APC, as soon as possible is important.
At Gonzalez & Jones, APC, we have decades of experience investigating, negotiating, and litigating car accident cases. We’re familiar with all the procedural rules you must follow to ensure your case is given the consideration it deserves, and we will aggressively pursue maximum compensation on your behalf.
To learn more during a free consultation, please give us a call at (408) 848-2208 or send an online message today.