In the hours, days, and weeks after your collision, you may be struggling to cope with the fallout of your injuries. If another party is responsible for causing the wreck, you may be entitled to compensation for your damages. However, there are time limits in California car accidents that must be followed. Otherwise, you could be prohibited from financial resources that you would have otherwise deserved.
Personal Injury Lawsuit Deadlines
The personal injury statute of limitations applies to California car accidents. This means after being involved in a collision, you will have up to two years to file your claim according to California Code of Civil Procedure § 335.1. However, it is important to know that this is a general rule, and extenuating circumstances May give you more or less time to file your lawsuit.
Claims Against the Government
If the individual or entity who caused your accident is a government agency or official, you may have significantly less time to file your lawsuit. The statute of limitations for claims against the government is just six months from the accident date as described under California Government Code Section 911.2. This means it is especially important to get started on your claim as soon as possible after the collision if you hope to avoid being barred from pursuing your case further.
Tolling the Statute of Limitations
There are also situations where the statute of limitations could pause counting down. This is known as “tolling” the statute of limitations. There are only specific conditions under which the statute of limitations could pause. Some examples include:
A minor child being injured – The statute of limitations can pause until the child turns 18 years old.
Receiving a delayed diagnosis – The statute of limitations can pause if your injuries are not diagnosed until days or weeks after the incident.
The liable party leaving the state – The statute of limitations can toll if the individual or entity who caused the accident leaves the state.
Insurance Claim Deadlines
It is not only the personal injury statute of limitations you need to be aware of. The insurance company also has its own claim filing deadlines. Unfortunately, there is no legal statute we can refer to, as the government does not regulate insurance company claim filing deadlines. Instead, the insurer gets to decide how long you have to file your claim.
Some of the most advantageous insurance companies require claims to be filed in a matter of hours. Waiting to file your claim can have a devastating impact on your ability to recover the compensation you deserve. If you do not file your claim promptly, the insurance company may attempt to deny your compensation request. For this reason, it is in your best interest to file your claim with the insurance company as soon as possible after the collision.
Meet With a Premier California Car Accident Lawyer for Help Today
Ensuring the personal injury lawsuit and insurance claim filing deadlines are met is essential if you hope to maximize your car accident payout. Figuring out exactly how much longer you have to get started on your case can be confusing, especially if you are still recuperating from the injuries you sustained.
Turn to a trial-proven automobile accident attorney from JSM Injury Firm APC to get the legal support and guidance you need when you need it. Call our office or submit our convenient contact form to schedule your no-cost, risk-free consultation as soon as today and take back control of your life.
