HOW LONG DO I HAVE TO FILE A CLAIM FOR INJURIES IN A CAR ACCIDENT?
Posted on Monday, August 27th, 2018 at 10:25 pm
When you are injured in a car accident in Sacramento, you may not be thinking about filing a lawsuit against the other driver. You are probably more concerned with seeking medical treatment and paying your bills while you are out of work. In addition, you need to figure out a way to provide transportation for yourself and your family while your vehicle is being repaired. If your vehicle was totaled, that fact complicates matters, especially if you have a loan on the vehicle to pay off.
In the chaos after a car accident, your first priority should be to ensure you get the medical treatment you need for your injuries. A delay in medical care can be dangerous for your health. The delay could also be problematic for an accident claim too. Therefore, focus on getting the medical care you need for your injury, but do not lose sight that your time to file a personal injury lawsuit for your claim is limited by California’s Statute of Limitations.
What is the Deadline to File a Car Accident Claim in California?
Under California’s Statute of Limitations, you have two years from the date of your injury to file a lawsuit against the party or parties who caused the crash. This deadline to file a lawsuit applies to all accidents involving motor vehicles including:
Any vehicle-related accident has a two-year deadline for filing a lawsuit for damages. Of course, there are exceptions to the Statue of Limitations for a personal injury case.
For example, if your claim involves a government agency, you must file your claim within six months of the date of the injury to protect your right to file a lawsuit later in the case. Failing to file the claim within six months could result in a court case being dismissed without allowing the case to be tried by a jury.
Another example of an exception involves accident victims who are minors. A victim who is under the age of 18 years at the time of the accident usually has two years from his or her 18th birthday to file a lawsuit for damages.
Never Assume You Have Two Years to File a Car Accident Lawsuit — Call a Sacramento Accident Attorney Now
As discussed above, there could be exceptions to the two-year deadline that shortens the time for you to file a lawsuit for your car accident. It is always in your best interest to consult a Sacramento accident attorney as soon as possible. Protecting your right to recover compensation is something our law firm takes very seriously. We encourage you to call our office now to discuss your case with one of our Fresno injury lawyers.
An insurance adjuster could try to delay your claim until you run out of time to file your lawsuit. In some cases, you may still be receiving treatment as the deadline approaches. Our lawyers can take steps to protect your right to receive compensation from the negligent party who caused the crash.