WHAT IS THE DEADLINE TO FILE A LAWSUIT FOR MY ACCIDENT IN CALIFORNIA?
Posted on Wednesday, December 19th, 2018 at 12:15 am
If you are involved in a traffic accident, you may be entitled to compensation for your injuries and damages if the other driver was at fault. Under California’s personal injury laws, a person who causes an accident can be held liable for damages caused by the accident. However, you must file a claim to recover compensation for your damages.
Filing an Insurance Claim for an Accident
In most cases, accident victims file a claim with the driver’s insurance provider. Liability insurance covers the damages sustained by victims in an accident caused by the insured. However, insurance companies are not required by law to automatically pay all claims filed against an insured. The victim must prove that the driver caused the crash to recover compensation.
An insurance company may deny an accident claim for a variety of reasons. Some of the reasons may be legally valid; however, an insurance company may deny a claim because it does not want to pay a large settlement. In other cases, the insurance company may undervalue a claim to avoid paying a higher amount to the accident victim.
You have the right to consult with a Sacramento personal injury attorney before accepting a settlement from the insurance company. It is usually in your best interest to talk with an attorney to ensure that you receive a fair and just amount for your claim.
Filing a Personal Injury Lawsuit for a California Traffic Accident
In some cases, the insurance company may not negotiate a fair and just amount for your accident claim. You may need to file a personal injury lawsuit. The lawsuit is filed against the driver, even though his insurance company will likely hire an attorney to defend the lawsuit.
Pursuant to California’s Statute of Limitations, you have just two years from the date of the accident to file a lawsuit. If you do not file your lawsuit within two years, you may lose your right to recover compensation for your claim. A statute of limitation is a deadline for filing lawsuits for specific causes of action. The deadlines vary based on the causes of action. Traffic accidents fall within the two-year deadline for filing lawsuits.
There are situations in which the statute of limitations may change. In some cases, the deadline may be extended, as in the case of a minor who is injured in an accident. However, there are cases in which the deadline to file a claim is very short, as in a case involving a government entity.
Because the factors in your case may affect the calculation of the deadline to file a lawsuit, it is best to contact a Sacramento personal injury attorney as soon after an accident as possible. Even though you may have two years to file a lawsuit, an attorney can help you throughout the case by handling the insurance company and helping you avoid mistakes that could hurt your chance of recovering full compensation for your claim.
Call a Sacramento Personal Injury Attorney Now
Do not wait to talk to a Sacramento personal injury attorney about your case. You can talk to one of our lawyers free of charge about your claim. Call The Tiemann Law Firm at (916) 999-9000 or visit our website to schedule a free consultation with one of our injury lawyers in Sacramento.