How Long After a Car Accident Can You Sue in California?

Victoria Faye Kaplan
โ˜…โ˜…โ˜…โ˜…โ˜…
Based on my own experience I would recommend LA Century Law to anyone. They have a fantastic team, including Eva, who I can confidently say you will be left in great hands for any needs throughout your case.
Maria Partida
โ˜…โ˜…โ˜…โ˜…โ˜…
LA Century Law is the place for you and your personal injury case! Jason is a great case manager and very communicative to ensure you have a great experience!
Lupe Rodriguez
โ˜…โ˜…โ˜…โ˜…โ˜…
Very satisfied! Great Team to work with! Gave updates on time, contact with them has always been easy, very supportive in my decisions, always a pleasure to speak too as well! I would definitely Recommend!
Santiago Delacruz
โ˜…โ˜…โ˜…โ˜…โ˜…
I have had the privilege of observing Jazmin's dedication and strong work ethic at LA Century Law. She consistently brings a high level of professionalism, efficiency, and attention to detail to every task she undertakes. Jazminโ€™s ability to handle complex responsibilities with a positive attitude and unwavering focus makes her a standout team member. Her commitment to excellence is truly impressive, and she always strives to exceed expectations. Jazmin is an invaluable asset to the team at LA Century Law.
Fatima Saravia
โ˜…โ˜…โ˜…โ˜…โ˜…
I received assistance and guidance from Jazmin and was very appreciative of the hard work and dedication to help me out. It is great to see people like her who have determination and great work ethic to make everything possible for her clients.
Roberto Recinos
โ˜…โ˜…โ˜…โ˜…โ˜…
Thank you very much for being a very efficient lawyer and also for your staff. Especially Miss Alicia Martinez, she was always very attentive to clarify doubts when I had them. From the information sent. We are very grateful for their very satisfactory work Att.Roberto Recinos and Jenny Asuzena.Recinos.

In any state, your legal right to sue has a โ€œshelf lifeโ€. You do not have an unlimited amount of time to file a car accident lawsuit. The deadline is known as the statute of limitations.

It is a firm and unforgiving rule that will mean that you surrender your legal right to compensation if you do not act in time. It is essential to contact an attorney after your car accident in California, so you can be in a position to act when necessary. Contact LA Century Law to discuss your case with an auto accident attorney in San Bernardino.

The Statute of Limitations in California Car Accident Cases

California law puts a limit on the amount of time that you have to file a personal injury lawsuit. Your legal right to compensation begins at the time you are injured. It ends when the statute of limitations expires. Assuming you have filed your claim or lawsuit before the conclusion of the statute of limitations ends, you have put your marker down and have preserved your right to compensation.

In California, the personal injury statutes of limitations are as follows:

  • You have two years from the date of the injury to file a lawsuit.
  • If you did not know that you were hurt right away, you have one year from the time that you discovered the injury. This is called the discovery rule, and it is especially helpful in product liability cases.
  • In a wrongful death case, you have two years from the date of death to file a lawsuit.

Why the Statute of Limitations Exists in California

The statute of limitations exists for policy and fairness reasons. The law attempts to balance the interests of plaintiffs and defendants. While you have your legal rights to compensation if someone else was to blame for the accident, fairness also dictates that the responsible party is not going to be living under the threat of a lawsuit for an unfair amount of time. Theoretically, if the driver was sued years later, they would not have the evidence and witnesses that they needed to present the most effective case.

The statute of limitations is a crucial deadline. There is not even a day of leeway. Missing the time window by a day or a year has the same effect. You will lose the right to file a lawsuit. The court would dismiss your case without even giving you the ability to be heard on the merits.

Exceptions to the Statute of Limitations

There are some exceptions to the statute of limitations, but they are very strictly construed. You are the one who has the burden of proof to show that an exception exists, and you should certainly not count on it.

Some exceptions to the statute of limitations are:

  • The plaintiff was less than 18 years old at the time of the accident.
  • The defendant left the state during the period.
  • The defendant actively avoided being served with papers.

You do not want to be in a position where you need to persuade the court that an exception to the statute of limitations applies.

Why You Should Not Wait to File a Lawsuit

Waiting to file a claim is counterproductive in many ways. It is possible for you to lose evidence, or for the proof to lose its state. Witnesses would not be able to testify credibly well into the future, when their recollections may have faded. Your proof may be gone.

It could take a considerable amount of time for the legal process to unfold. The insurance company likes to introduce delays, and courts do not operate on a quick timetable. You do not want to wait too long to file a claim or lawsuit. Your financial distress could worsen, and you may put yourself in a more compromising position. Insurance companies prey on claimants who they believe to be desperate.

Reach Out to an Attorney Right Away

You should at least contact a lawyer very shortly after the accident. Working with your attorney, you would figure out the best time to either approach the insurance company or file a lawsuit against the other driver. Delay makes your case harder because you would lose valuable evidence needed to prove your claim. Just because you have two years does not mean that you should wait that long to get started. Many attorneys will not take your case if you wait too long to contact them after the accident.

Contact a San Bernardino Personal Injury Attorney Today

You cannot afford to delay calling a lawyer after an accident. Your financial compensation is at stake, both whether you qualify for it in the first place and how much you may get. The attorneys at LA Century Law are standing by and ready to help you by fighting hard on your behalf. First, you need to schedule a free consultation, where you will learn about the legal process and how it may unfold. To speak with a lawyer, you can send us a message online or call us today. You owe us nothing unless we win.

Get Help Now
With Your Personal Injury Case
Free Consultation

310-893-0553

Available 24/7

It’s easy to get started.

"*" indicates required fields

Name
Address
This field is for validation purposes and should be left unchanged.
CALL US