If you get injured in a car accident in California, the state’s laws give you the right to claim damages that could be non-economic or economic. The amount of time you have to do so is spelled out in the California Code of Civil Procedure beginning with section 350. Those sections also set forth exceptions to that limit, extensions. Understanding this, what is the time limit to sue for a car accident in California?
The Statute of Limitations for Car Accidents in California
The typical statute of limitations for filing a suit following a car accident in California is two years. However, there are several exceptions that you should know about and that the best car accident attorneys can explain to you.
Exceptions and Statutes of Limitation Extensions
Several exceptions can apply to your case and lead to the court allowing for an extended statute of limitations.
A typical scenario is if the victim is below the age of 18 years. The statute of limitations starts when they reach 18, so they have until they are 20 to file.
If your claim involves seeking damages for property damages, the California Code for Civil Procedure allows you to file up to three years following the accident.
The statute of limitations can also be extended if the plaintiff is incapacitated or cannot act in the right capacity due to their injuries, typically a brain injury.
One exception can shorten the statute of limitations, and that is if the case involves a government agency. Your car accident injury lawyer should file a government claim within six months of the incident.
What is Delayed Discovery?
California also has delayed discovery rules. These apply when the extent or appearance of the injuries may not be apparent. For example, a person can develop back pain, neck pain, or mental health problems many months following an accident.
The statute of limitations clock will start as soon as they discover these injuries or when they should have been discovered. Your motor vehicle accident lawyers can help you navigate this tricky situation.
Wrongful Death
A personal injury case can also turn into a wrongful death suit if the defendant dies due to injuries, whether that happens immediately or later. In such situations, the family has two years from the date of the unfortunate event to hire a wrongful death law firm and file a claim.
California has a discovery rule for this, too. This law states the family can be granted an extended period to file a suit if the death of a loved one was not clear following their accident but was later determined to be caused by it.
If this rule applies, the family will have two years to file a wrongful death lawsuit. Families should understand that there may be additional exceptions to this rule, so they should hire or contact a wrongful death attorney to explain them.
The Best Time to Sue
The conventional advice you get when you ask when the best time to sue for a car accident or file a claim is as soon as possible after an accident. This is a good idea, but it is not always the best route. The first thing you should do is hire a reputable automobile accident lawyer who will file a claim with the insurance provider of the negligent party or entity.
Doing this gives you enough time to seek the treatment you need while allowing the attorney to gather additional evidence in case the claim goes to court or the insurance company presents a low-ball first settlement offer.
This evidence could include the total cost of the medical assistance received, rehabilitation, pharmacy bills, loss of income and opportunity, and others. It could also be additional evidence of how their client caused the accident and why you’re entitled to the sum you ask for.
An experienced personal injury lawyer Lancaster should be able to do all this for you. They will also negotiate an offer that gets you everything you need without going through a costly and lengthy court process.
The best time to file or sue is if talks break down between your attorney and the other party. However, remember that you should file before the statute of limitations lapses because the case will throw your case out if your attorney misses the deadline.
When to Hire an Attorney
Given that you have two to three years to file a claim, you should hire a car accident injury lawyer California as soon as possible. Doing this has several advantages. The most important is that they will look through the evidence you have collected to determine if it is enough or strong enough. They will then arrange to collect more if this is not satisfactory.
Second, they will help you determine the compensation you can expect. With every case being different, hiring an experienced Lancaster car accident lawyer is a great first step in understanding the nuances within yours and getting a rough idea of how much to expect.
The third reason is dealing with the insurance company. You should not deal with the other party’s insurance company directly, instead allowing your attorney to take the lead. They will file a claim with them, negotiate, file a suit, argue your case in court, or negotiate a settlement depending on how everything goes.
The last is for general legal advice. Advice like how and when to talk about your case, how to avoid putting yourself in a disadvantaged position, and how not to weaken your case through your actions. They will also be your primary correspondence between you and the other parties, so you do not have to face their intimidation and low-ball offers.
You have the right to file a claim and sue if you are injured in a car accident. However, you have a limited window within which to do so depending on the situation’s circumstances. For this reason, you should understand the statutes of limitations and when to hire a vehicle accident lawyer or, unfortunately, a wrongful death settlement lawyer.
If you have been injured in a car accident or a loved one has died in one, you should contact our attorneys at Karns & Karns Personal Injury and Accident Attorneys. We provide free consultations through our website, and you can also call us at 800-4THE-WIN (800-484-3946) or visit our California offices to speak to one of our attorneys.
