What Are the Deadlines to File a Lawsuit Following a California Car Accident?
In California, the deadlines to file a lawsuit following a car accident are determined by the statute of limitations. The statute of limitations sets the time limit within which legal action must be initiated. The specific deadlines vary depending on the type of claim involved in the car accident. There are certain time periods in which legal claims must be made and lawsuits must be filed: missing one of these deadlines could bar your right to sue! Figuring out when the statute of limitations runs out on a claim is not easy. If you have any doubts about how to calculate the time you have, talk to a lawyer. These time periods vary greatly depending on the type of legal claim. Here are the general deadlines for common claims:
Most common statutes of limitations
Personal Injury: If you are seeking compensation for personal injuries resulting from a car accident, you generally have two years from the date of the accident to file a lawsuit in California.
Property Damage: If you are only seeking compensation for property damage, such as damage to your vehicle, the statute of limitations is typically three years from the date of the accident.
Tolling of the statute of limitations
Sometimes the statute of limitations is suspended (“tolled”) for a period of time, and then begins to run again. For example, tolling may happen when the defendant is a minor, is out of the state or in prison, or is insane. When the reason for the tolling ends (like if the minor turns 18, or the defendant returns to California or gets out of prison, or the defendant is no longer insane), the statute of limitations begins to run again. Cases dealing with tolling may be very complicated and you need to talk to a lawyer.
It's important to note that these deadlines can vary based on the circumstances of the case or if certain exceptions apply. For instance, if the accident involves a government entity or medical malpractice there may be stricter notice requirements and shorter time limits to file a claim! It's always advisable to immediately consult with an attorney who specializes in personal injury law to understand the specific deadlines and requirements that may apply to your situation.
Remember, the information provided here is not legal advice. It's always best to immediately consult with a qualified attorney who is familiar with all the facts and circumstances of your specific case and to get accurate and up-to-date information regarding your claim.