What Are the Time Limits for Filing a Car Accident Claim in California?
The aftermath of a car accident is a stressful and overwhelming experience. On top of dealing with your injuries and recovering, there’s a legal process to understand and a time limit to adhere to. If you’ve been involved in a car accident, you should know the deadlines for pursuing a personal injury case.
At the Law Offices of Steven Zwick, we understand the pressure you’re facing, and we are here to guide you through every step of the process. With our experience as Southern California personal injury lawyers, we can help you determine important deadlines and take the right actions to seek the compensation you deserve.
The Statute of Limitations in California
In California, the statute of limitations for filing a personal injury claim, including car accident cases, is two years. This means that you have two years from the date of the accident to file a lawsuit against the at-fault party. Once this two-year period passes, you may lose your right to seek compensation for your injuries through a lawsuit.
While two years may seem like plenty of time, it’s extremely important to take action as soon as possible to give yourself the best chance of gathering evidence, securing witnesses, and building a strong case.
This two-year time frame applies to most personal injury cases, but there are exceptions. There are limited circumstances under which the statute of limitations may be tolled, or paused, such as if the injured person is a minor, legally incompetent, or serving in the military. However, these exceptions are rare, and it’s always best to act quickly.
A Southern California personal injury lawyer can help determine the specific deadlines in your case and ensure that all necessary paperwork is filed on time.
When Does the Clock Start Ticking?
The statute of limitations generally begins to run on the date of the car accident. There may be exceptions, such as when a person’s injuries aren’t immediately discoverable or when they are under a disability. This can be significant because some injuries, like soft tissue injuries or whiplash, may not show symptoms until several days or even weeks after the accident.
In these cases, the statute of limitations may not start until the injury is discovered or reasonably should have been discovered. Our Southern California personal injury lawyer can help clarify when your time limits begin based on the specifics of your case.
Why Filing on Time Is Critical
California is a fault-based state when it comes to auto accidents, which means that the person who is responsible for causing the accident is the one who is held accountable for the damages. The state’s law permits you to file a personal injury claim against the at-fault driver to recover compensation for your injuries, medical expenses, property damage, lost wages, and other costs resulting from the accident.
Filing your car accident claim within the time limits is essential to protect your ability to recover compensation. If you miss the deadline, the court will likely dismiss your case, and you will not be able to recover damages.
In addition to the legal consequences, waiting too long to file can negatively affect your ability to gather key evidence, interview witnesses, and reconstruct the events surrounding the accident. Over time, memories can fade, and physical evidence can be lost or deteriorate, making it more difficult to build a strong case.
By taking prompt action and consulting with a skilled attorney, you’ll give yourself the best chance at a favorable outcome.
Special Considerations for Injury Cases Involving Government Entities
If your car accident involves a government agency, such as a city, county, or state vehicle, the process for filing a claim may differ. In these cases, California law requires that you file a formal claim with the government entity before you can proceed with a lawsuit. The deadline for filing this claim is much shorter than for private claims—typically within six months of the accident, rather than two years.
In addition to the shorter time limit, the government will often have its own procedures for processing claims, which can add complexity to the process. It’s crucial to consult with an attorney who has experience handling claims involving government entities to ensure that your claim is filed correctly and within the appropriate time frame.
How a Personal Injury Lawyer Can Help
A skilled attorney is essential to guiding you through the process of filing your car accident claim on time and building a strong case for the compensation you deserve. An experienced California personal injury lawyer will be able to:
Determine key deadlines: Lawyers are familiar with the laws governing personal injury cases and can ensure that all claims are filed on time. Whether you’re dealing with a typical car accident or one involving a government entity, your lawyer will help you meet the necessary deadlines.
Gather important evidence: Your attorney can begin collecting critical evidence immediately after the accident, such as medical records, police reports, and witness statements. This will help ensure that you have everything you need to build a strong case.
Handle negotiations and litigation: If your case goes to court, an attorney will represent your interests, handling all legal procedures, filings, and courtroom appearances. They can also negotiate with insurance companies to ensure you receive fair compensation for your injuries and losses.
Provide peace of mind: A car accident can be a traumatic experience, and dealing with legal matters on top of recovery can be overwhelming. A lawyer will handle the legal side of your case so you can focus on healing.
Contact the Law Offices of Steven Zwick Today
If you’ve been involved in a car accident, it’s essential to act quickly to ensure you don’t miss any critical deadlines. At the Law Offices of Steven Zwick, we are committed to helping our clients in Southern California secure the compensation they deserve.
Our firm understands the challenges these cases present, and our experienced personal injury lawyers are committed to providing compassionate and effective representation to clients throughout Orange County and Southern California, including the communities of Mission Viejo, Irvine, Laguna Niguel, Rancho Santa Margarita, and Laguna Hills.
Whether you’ve been injured in a minor fender-bender or a serious collision, our team of dedicated personal injury lawyers is here to provide the guidance and support you need. Don’t wait—contact us today to schedule a free consultation and let us help you protect your rights.
We’re proud to extend our services to residents of Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Woods, Lake Forest, Los Alamitos, Newport Beach, Orange, Placentia, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda.