How Long After a Car Accident Can You Sue in California?
If you have been involved in a motor vehicle accident in California, dealing with the recovery process can feel daunting, particularly when it comes to your physical health and financial stability. If another party is deemed at fault for the crash, you may have the legal right to pursue a claim against them. This claim enables you to fight for financial damages for various losses, including medical costs, lost income, property damage, and pain and suffering incurred from the accident. However, be aware that California has specific deadlines for filing a car accident claim, referred to as the statute of limitations. This legal timeframe specifies how long you have to start legal action after the incident occurs.
The Statute of Limitations in California Following a Car Accident
According to California’s laws, individuals have a specific timeframe to take legal action following a car accident. For instance, if you have experienced personal injuries as a result of a motor vehicle collision, you must file your lawsuit within two years of the date of the incident. This means that if you wait longer than two years, you may lose your right to seek compensation for those injuries. In addition, if your car accident resulted in property damage, you have three years to file a claim to recover costs associated with repairing or replacing your damaged property, such as your vehicle. Monitoring these deadlines is essential for advancing your claims. However, it is also worth noting that specific exceptions to this law may shorten the time permitted to file a claim.
What Happens When You Miss the Filing Deadline in California?
If you delay filing a legal claim after the statute of limitations expires, the defendant in the lawsuit may formally request the judge to dismiss the case. In nearly all situations, judges are likely to grant such requests, meaning that you would effectively forfeit your right to any compensation for your injuries or damages. This underscores the importance of taking prompt action if you believe you have a valid California car accident claim.
Putting Together a Case Takes Time
While two years might seem ample time to file a claim, it is crucial to recognize that car accident claims often entail complex details that necessitate thorough investigations. Tasks like collecting evidence, securing witness statements, and reviewing police reports can be quite time-consuming. Moreover, if your case is especially complicated, involving several parties or severe injuries, your car accident attorney may require extra time to build a compelling and effective case for court.
Using the Statute of Limitations in Negotiations
Many individuals fail to realize that the statute of limitations is critical even if they intend to settle their car accident claim outside of court. The ability to initiate legal action is a powerful negotiating tool in discussions with insurance companies or defendants. If these parties realize that the statute of limitations for your claim has expired, they are less likely to feel pressured to engage in meaningful negotiations, knowing that you have lost the opportunity to pursue legal action.
Consequently, understanding and following the timelines established by the statute of limitations can significantly affect an individual’s likelihood of obtaining fair compensation for their losses.
Contact Albert Abkarian & Associates To Learn More About These Deadlines
If you have been in a car accident in California caused by someone else’s negligence or wrongful actions, and you want to explore your legal options and the timelines for suing, contact Albert Abkarian & Associates today to review your questions with an experienced California car accident attorney.