In every county under California Code of Civil Procedure section 335.1, the car accident statute of limitations to file a claim is 730 days – which is 2 years from the date of the vehicle accident. However, the state time limit to file an auto accident claim for a child is extended until they reach the legal age of adult, 18 years old.
Once the maximum 730 days time limit since the car accident date has elapsed in California, injured adults cannot file a lawsuit claim for a monetary settlement.
Like every other state in the country, California has a statute of limitations for personal injury lawsuits. You must file an auto accident claim within the 2 year deadline to ensure you have a valid lawsuit.
While there are standard deadlines to sue after a car crash, there are also some exceptions that can extend or shorten that lawsuit deadline, which a local top California free lawyer for car accident claims can immediately help with filing.
Statute of Limitations in California for a Car Accident Injury Claim
For a regular personal injury lawsuit in California, you must file your claim withing two years of the time of injury. While you can still file a car accident claim after that timeline has passed, you more than likely forfeit your right to a full monetary claim settlement recovery by missing this deadline. There are, however, some general exceptions to this California timeline rule to sue after a car wreck.
If you only want to file an accident claim to cover damages or repairs to your car after a collision, California Code of Civil Procedure section 338 legally allows a claimant up to 3 years to file a lawsuit for a damaged vehicle against the at-fault driver of the auto crash.
Exceptions to the general statute of limitations are:
- Delayed Discovery
- Out of State
- Minor Injured in Accident
- Government Entity
- Mental Capacity
Delayed Discovery
In some instances, the injury suffered from the accident may not surface immediately. If that is the case such as with delayed back injury pain after a car accident in California, the clock does not start ticking on the statute of limitations until that injury has been discovered. You will often see this in neurological and orthopedic injuries that can take time to develop. As long as you can prove this injury was related the accident that happened prior, you can still file your lawsuit. However, please note that the statute of limitation is then one year from the time the injury was discovered.
Delayed discovery is a legal concept that applies to situations where a person suffers an injury in a car accident but is not aware of the injury until some time after the accident has occurred. In California, the law recognizes that some injuries may not become apparent until weeks or even months after an accident, which can complicate the legal process for accident victims.
If you have been involved in a car accident, it’s important to seek medical attention right away, even if you don’t feel like you’ve been seriously injured. Some injuries, such as concussions, whiplash, and internal bleeding, may not show symptoms immediately but can become more severe over time if left untreated. By seeking medical attention as soon as possible after an accident, you can help ensure that any injuries are diagnosed and treated promptly.
If you do discover an injury after the fact, it’s important to speak with an experienced auto accident lawyer as soon as possible. In California, there are strict time limits for filing personal injury claims, and the clock typically starts ticking from the date of the accident or the date of the injury’s discovery. The top best local attorneys for auto accidents in CA can help you understand your rights and options for pursuing compensation, even if you weren’t aware of your injury at the time of the accident.
At Injury Law Rights, our team of experienced lawyers understands the complexities of delayed discovery cases and can help you navigate the legal process with confidence. We’re committed to fighting for your rights and helping you get the compensation you deserve, even if your injury wasn’t immediately apparent after the accident. Contact us today for a free consultation and let us help you move forward after a car accident.
Out of State
There will be times when the defendant is out of state for one reason or another. This could be the obvious, where they run to avoid the lawsuit, or it could be something such as a truck driver being involved in the accident and not living in the area. Regardless of the reason, if the defendant is not in the state, the clock does not start ticking until he or she can be served.
Knowing what to do when filing a California car accident claim lawsuit against an out-of-state defendant can be a complex and challenging process. In California, a lawsuit can generally be filed against any individual or business that causes an injury within the state, regardless of where they reside. However, there are certain factors to consider when pursuing a claim against an out-of-state defendant.
One factor to consider is whether the defendant has sufficient contacts with California to be subject to the state’s jurisdiction. This is determined by a variety of factors, including whether the defendant regularly conducts business in California, owns property in the state, or has other significant connections to the state. If the defendant does not have sufficient contacts with California, it may be necessary to file the lawsuit in their home state or in a neutral jurisdiction.
Another factor to consider is whether the defendant has insurance coverage that applies to the accident. In many cases, a driver’s insurance policy will cover accidents that occur out-of-state, but there may be limitations or exclusions in the policy that apply. An experienced car accident lawyer can review the defendant’s insurance policy and help determine the best course of action for pursuing compensation.
If you need to file a car accident claim lawsuit against an out-of-state defendant, it’s important to work with an experienced lawyer who understands the complexities of these types of cases. At Injury Law Rights, we have the knowledge and experience needed to help you navigate the legal process and fight for the compensation you deserve. Contact us today for a free consultation and let us help you get the justice you deserve.
Minors
In California, if a minor is involved in a car accident and suffers injuries, the statute of limitations for filing a claim is typically two years from the date of the accident. However, if the minor was under the age of 18 at the time of the accident, they are considered a legal minor and cannot file a claim on their own. In such cases, the statute of limitations is tolled or postponed until the minor reaches the age of 18. Once the minor turns 18, they will have two years from that date to file a claim.
It is important to note that the two-year statute of limitations applies to personal injury claims, including those involving minors. Failure to file a claim within this time frame may result in a complete loss of the right to seek compensation for injuries sustained in the accident. Therefore, it is crucial to seek the advice and representation of an experienced car accident attorney as soon as possible after the accident, especially when a minor is involved.
Filing a car accident claim lawsuit on behalf of a minor who is injured can be a complex process in California. If a child is injured in a recent car accident, they will be entitled to compensation for medical expenses, pain and suffering, and other damages. However, because minors cannot legally enter into contracts or make decisions about their own legal affairs, a parent or legal guardian must typically bring a lawsuit on their behalf.
It’s also important to consider the long-term effects of the injury on the child. In many cases, a child may require ongoing medical treatment or therapy, or may suffer permanent disability as a result of the accident. An experienced car accident lawyer can help ensure that any settlement or judgment takes these future needs into account, and can work to maximize the compensation the child receives.
With the expert free legal help of Injury Law Rights Board Certified California auto accident attorneys, we understand the unique challenges of filing a car accident claim lawsuit on behalf of a minor. Our team of the best local lawyers for children hurt in a vehicle collision will help guide you through the process, and can fight for maximum compensation your child deserves. Contact us today for a free consultation and let us help you get the justice you and your child deserve.
Government Entity
When a government entity is involved, everything changes. First, you must file an administrative claim within six months of the accident. The entity will then have 45 days to respond to your claim. If the claim is denied, you can still file a lawsuit, but the suit must be filed within six months of said denial. If the entity does not respond to the claim, the regular statute of limitations kicks in, and you have two years to file the suit.
The government enjoys certain immunities and protections under the law that private individuals and companies do not have. In addition, the procedures for filing a claim and the deadlines for doing so are often different than in a typical car accident case.
Some additional points to consider when filing a car accident claim lawsuit against a government entity in California:
- Notice requirements: Before filing a lawsuit against a government entity, you may be required to provide notice of your claim to the appropriate government agency within a certain timeframe. In California, for example, you generally have six months from the date of the accident to file a claim with the government entity. This notice requirement is designed to give the government entity an opportunity to investigate the claim and potentially settle it without the need for litigation.
- Immunity: Government entities in California are generally immune from liability for certain actions, such as discretionary acts of public officials and decisions made in the course of exercising a government function. However, there are exceptions to this immunity, such as when the government entity’s conduct was negligent or willful.
- Special procedures and deadlines: Lawsuits against government entities may be subject to special procedures and deadlines that differ from those in other types of car accident cases. For example, the time limit for filing a lawsuit against a government entity in California is generally shorter than for other types of personal injury lawsuits. Additionally, there may be different rules regarding the amount of damages that can be recovered, the types of evidence that can be admitted, and the procedures for serving the government entity with legal papers.
- Experienced representation: Due to the unique challenges of filing a car accident claim lawsuit against a government entity, it’s important to have experienced legal representation. A skilled car accident lawyer who has handled these types of cases before can help you navigate the legal system and protect your rights.
If you were involved in a car accident caused by the negligence of a government entity, such as a city, county, or state agency, you may be entitled to compensation for your injuries, property damage, and other losses. However, before you can file a lawsuit, you typically must first file an administrative claim with the appropriate government agency. This claim must be filed within a certain amount of time after the accident, and must include specific information about the incident and your injuries.
If your claim is denied, or if the government does not respond within a certain amount of time, you may then be able to file a lawsuit. However, lawsuits against government entities are subject to a number of restrictions and limitations, including caps on damages and shorter deadlines for filing.
Injury Law Rights lawyers have extensive experience handling car accident claims against government entities in California. Our team of skilled attorneys understands the nuances of this type of case, and can work tirelessly to help you recover the compensation you deserve. We will handle all aspects of your case, from filing the administrative claim to litigating the lawsuit if necessary. Contact us today for a free consultation and let us help you get the justice you deserve.
Mental Capacity
The final exception for filing a claim would be mental capacity of the injured party. If that party is deemed, for instance, to be insane, he or she will have his or her deadline extended until that person is deemed no longer insane.
In cases where a person lacks mental capacity, the statute of limitations for filing an auto accident claim may be extended. According to California law, if an individual is unable to make legal decisions for themselves due to a mental disorder or developmental disability, the statute of limitations may be tolled until they regain their mental capacity or until a legal representative is appointed on their behalf.
It is important to note that the tolling of the statute of limitations for mental incapacity is a complex issue and requires the guidance of an experienced car accident attorney. If you or a loved one has been injured in an auto accident and may lack the mental capacity to make legal decisions, it is crucial to speak with a knowledgeable attorney as soon as possible to protect your legal rights and ensure that your claim is filed within the appropriate timeframe.
Be Safe, File the Claim
As you can see, things can be a bit murky right out of the gate, which is why we always recommend consulting with an attorney after an auto accident. If you are worried about being able to afford an attorney, know that personal injury attorneys for the plaintiff work on a contingency basis, or commission, if you will. Their “pay” comes from a predetermined percentage of the case, less expenses of the case. Once the expenses are deducted and the attorney receives his or her share of the case, the remainder of the settlement is yours.
Consult with a California Car Accident Injury Lawyer
You should also know that your consultation in a person injury case is free of charge. Not only that, but you are also under no obligation to use the attorney’s services for having a consultation. You are free to talk to as many attorneys as you like about the case before signing an agreement of representation with the attorney.
If you were recently in an auto accident and believe you have a valid lawsuit, give us a call today at 855-633-0888. A member of our team will discuss the case and offer recommendations as to the best possible way to proceed to ensure you are awarded the best possible settlement for your case. Or, if you would like to learn more about our legal services before talking to one of our attorneys, please fill out the Free Car Accident Injury Consultation Form.
Taryn J. White is a legal research specialist and Injury law news reporter. Her current accomplishments include helping those facing any injuries from vehicle accidents, workplace accidents, and medical malpractice.
