What Is the Statute of Limitations in a Car Accident Claim?

A car accident can disrupt your life in many ways, and the last thing you want to worry about is the time constraints for filing a legal claim.

The statute of limitations in a car accident claim refers to the timeframe within which you must file your claim to seek compensation for your injuries and damages.

This timeframe varies depending on the jurisdiction and the specific circumstances of the accident.

You must be aware of the statute of limitations in your state to ensure you never miss the deadline for filing your case.

If you suffered an injury in a collision, always contact a car accident attorney in your area who can guide you through the legal process and meet all necessary deadlines. San Jose car accident attorneys can advise you on the statute of limitations in your case and ensure everything stays on the right track.

You Have a Lot to Worry About After a Car Accident, but You Cannot Put Off the Legal Process

After a car accident, there are numerous things that you need to address, such as medical treatment, repairing your vehicle, and dealing with insurance companies. In the midst of all these concerns, it can be tempting to put off the legal process and delay filing a claim.

However, every car accident victim must understand that the statute of limitations sets a strict deadline for filing a car accident claim. Failing to file within the specified timeframe may result in losing the right to seek compensation for your injuries and damages.

Therefore, immediately consult a car accident lawyer who can start the legal process as soon as possible.

Statutes of Limitations Can Vary Significantly

Each state in the U.S. has laws setting the timeframe within which you can file a lawsuit in civil court. Consult a car accident lawyer familiar with the laws in the specific state to ensure you meet the necessary deadlines.

Shortest Car Accident Statute of Limitations in the U.S.

Among the states in the U.S., three states are tied for the shortest statute of limitations for car accident claims.

In Kentucky, Tennessee, and Louisiana, you have only one short year from the accident to file a lawsuit seeking compensation for your injuries and damages. Act quickly after a crash in any of these three states to ensure you do not miss the deadline.

Longest Car Accident Statute of Limitations in the U.S.

In contrast, two states, Maine and North Dakota, have the longest statutes of limitations for car accident claims, as they give you six years from the accident to file a lawsuit seeking compensation.

This longer timeframe gives accident victims more time to gather evidence, assess their injuries, and make informed decisions about their legal options. Missouri is a close second with a five-year statute of limitations.

Some States Have Different Timeframes for Different Circumstances

Some states separate car accident cases from other types of personal injury claims. For example, Colorado allows two years for most personal cases, but extends the statute of limitations to three years for car accident-related lawsuits.

State Example: California’s Car Accident Statute of Limitations

To provide a specific example, let’s look at the statute of limitations for car accident claims in California. In California, you have two years from the accident date to file a lawsuit seeking compensation for your injuries and damages. This means that if you wait longer than two years to file your claim, you will lose your right to seek compensation.

Some Cases Have Special Timeframes Outside the Usual Statute of Limitations

Not all cases fall within the traditional statute of limitations timeframe. In certain circumstances, special rules apply, requiring prompt action from the injured party. Two such cases where the statute of limitations may differ are claims against government entities and wrongful death cases in some states.

Claims Against Government Entities

If your car accident involves a government entity, such as a city, county, or state agency, the timeline for filing a claim may be significantly shorter than the usual statute of limitations.

In some jurisdictions, you may only have a matter of months to file a notice of claim to the appropriate government entity before you can proceed with a lawsuit. 

Consult an experienced car accident attorney as soon as possible after your injury diagnosis to ensure you don’t miss such critical deadlines.

Wrongful Death Cases Might be Different

In wrongful death cases resulting from a car accident, the statute of limitations may also vary. In some states, the time limit for filing a wrongful death claim may differ from the standard statute of limitations for personal injury claims.

Speak with an attorney who handles car accident cases involving wrongful death to ensure you understand the specific timeframe for filing your claim.

Are There Exceptions to the Statute of Limitations?

While the statute of limitations sets a general deadline for filing a car accident claim, there may be exceptions that can extend or pause the timeframe. These exceptions vary by state and depend on the specific circumstances of the case. 

Some common exceptions to the statute of limitations include:

• Discovery rule: If the accident victim discovers their injury or damage at a later date, the statute of limitations may start from the date of discovery rather than the date of the accident. Most states still have limitations on how long you have to discover your injuries. 
• Tolling for minors: If the accident victim is a minor at the time of the accident, the statute of limitations may be tolled until they reach the age of majority.
• Tolling for mental incapacity: If the accident victim is mentally incapacitated at the time of the accident, the statute of limitations may be tolled until they regain their mental capacity.

A car accident lawyer should assess the specific circumstances of your case to determine if any exceptions apply to your situation. Never assume you qualify for an exception without proper legal advice.

What Happens if You File a Lawsuit After the Statute of Limitations?

If you file a lawsuit after the statute of limitations expires, the opposing party can argue that your claim is no longer valid due to the expiration of the deadline. In such cases, the court is likely to dismiss your case, and you will lose your right to seek compensation for your injuries and damages. The court can dismiss the lawsuit regardless of how strong your evidence is or the severity of your injuries.

Once the statute of limitations has passed, there is generally no recourse to extend the deadline. Therefore, you must act promptly and meet with a car accident attorney to ensure you file your claim within the specified timeframe.

Will Your Car Accident Case Always Require a Lawsuit?

Not every car accident case requires filing a lawsuit. In fact, the majority of car accident claims are resolved through insurance settlements without the need for litigation.

However, you never know from the start of the process whether you will need litigation, and there is always a chance. Be safe and stay aware of the statute of limitations, even if you plan to start the process by pursuing an insurance claim.

Does the Statute of Limitations Apply to Insurance Claims?

The statute of limitations does not directly apply to insurance claims. However, approaching this deadline can make your negotiating position weaker for an insurance settlement.

Insurance companies often consider the potential threat of a lawsuit when determining the amount they will offer in a settlement.

If the statute of limitations has passed or is approaching, the insurance company may be less inclined to offer a fair settlement amount, knowing that you have limited options for legal recourse. If you can no longer pursue litigation, you have little choice but to accept whatever the insurance company is willing to offer.

Therefore, call a car accident attorney as soon as possible after the accident, regardless of whether you plan to file an insurance claim or a lawsuit. An attorney can handle the legal process and negotiate with the insurance company for a favorable settlement whenever possible.

Why You Should Never Wait to Consult a Car Accident Attorney

Here are three key reasons why you should never wait to consult a car accident attorney:

Preserving evidence

Time is of the essence when preserving evidence in a car accident case. The longer you wait to consult an attorney, the greater the risk of key evidence being lost, destroyed, or altered.

An experienced car accident attorney can act quickly to gather and preserve evidence such as accident reports, witness statements, photographs of the accident scene, and more. This evidence can establish liability and prove the extent of your injuries and damages.

Allowing you to focus on your medical recovery

Dealing with the aftermath of a car accident can be physically and emotionally draining.

By hiring a car accident attorney, you can offload the legal responsibilities to a professional who will advocate for your rights. This allows you to focus on your medical recovery and rehabilitation, knowing that your attorney is handling the legal aspects of your case.

Peace of mind

The legal process can be stressful, especially during an already challenging time. An attorney can give you peace of mind knowing that you have an experienced professional on your side who will fight for your best interests.

Your attorney will oversee each step of the process, explain your legal options, and ensure your claim is filed within the statute of limitations.

Hiring a Car Accident Lawyer Does Not Cost Anything Extra

Many people are hesitant to hire an attorney due to concerns about the cost. However, in car accident cases, most injury attorneys work on a contingency fee basis. This means they only charge fees if they successfully recover compensation on your behalf.

The attorney’s fees are typically a percentage of the settlement or court award, and they are deducted from the final compensation. If the attorney does not win your case, you do not owe them any fees.

Therefore, hiring a car accident lawyer does not cost anything extra upfront and can greatly increase your chances of receiving fair compensation for your injuries and damages.

Schedule a Free Case Evaluation with a Car Accident Attorney Now

If you have been in a car accident, never wait to reach out to a car accident attorney so you meet all the necessary deadlines. A car accident attorney can provide personalized legal advice, handle the claims process, and negotiate for the compensation you deserve.

Don’t wait until it’s too late. Schedule a free case evaluation with a San Jose Personal Injury attorney today to discuss your case and seek justice and fair compensation.