Car accidents can be traumatic experiences, leaving individuals with physical injuries, emotional distress, and financial burdens. In California, there is a specific timeframe within which individuals need to take legal action following an auto accident. This timeframe is defined under California’s statute of limitations for personal injury claims.
If you or someone you love was injured in a car accident because of the negligent actions of another driver, the reliable and knowledgeable car accident lawyer at Maki Law Firm can prove liability and help you obtain the largest possible compensation within the statute of limitations.
Time Limits for Filing a Car Accident Lawsuit in California
The statute of limitations sets a maximum period during which legal proceedings can be initiated after a specific event has occurred. The purpose of statutes of limitations is to encourage timely resolution of legal disputes and to prevent the unfairness of allowing car accident claims to be brought long after the events in question have occurred.
Under California Code of Civil Procedure – Section 335.1, victims of personal injury get two years from the date of injury to file a claim. Car accident statute of limitations starts ticking from the date of the accident. It is vital to initiate legal action within the stipulated two-year period to preserve your right to a fair settlement.
At Maki Law Firm, our proven car accident attorneys will lend priority to your case and apply all necessary resources to build a strong personal injury claim. Our attorneys will explain the timeline and all other relevant details regarding your car accident lawsuit.
Factors that Can Create Exceptions to the Statute of Limitations in California
These are a few exceptions to the California statute of limitations for car accident lawsuits:
Discovery Rule
If injuries resulting from the car accident are not immediately apparent, California’s discovery rule may apply. This rule allows the statute of limitations to commence from the date the injury is discovered or should have been reasonably discovered. This is particularly relevant for injuries that may manifest over time.
Minors
For California car accident claims that involve a minor, the statute of limitations may be tolled (suspended) until the minor reaches the age of 18. Injured victims, if minor, may be able to file a car accident claim against the at fault party when they come of age even after the limitations expires. However, the time limits will continue to be two years from the date the plaintiff turns 18.
Mental Incapacity
Car accident cases involving mentally incapacitated individuals (at the time of the accident or during the statutory period) are handled differently. The statute of limitations may be tolled until an individual regains their mental capacity.
Defendant’s Absence from the State
If the defendant, the party that allegedly committed the wrongful act, is absent from the state of California during the statutory period, the time they are absent may not be counted toward the two-year limit.
Fraud or Concealment
If the negligent party fraudulently conceals information related to the car accident or their involvement, the statute of limitations may be tolled until the injured party discovers, or reasonably should have discovered the fraud. In other words, the statute of limitations applies when you reasonably discover fraud and injuries.
Insurance Policy Limitations
The specific terms of your insurance carrier may affect the timeframe for filing a claim. It is important that you get a reliable car accident attorney to review the terms and conditions of the relevant insurance policies to determine any limitations.
It is best to consult with an attorney as soon as possible so they can get started on gathering evidence against the negligent parties promptly following your accident. The car accident lawyers at Maki Law Firm can help you take immediate and necessary actions to protect your right to claim the compensation you need to move forward with your life.
Notice Period Requirements in Case of an Auto Accident with a Government Vehicle
In California, if you are involved in a car accident and intend to file a claim against a government entity, it is important to adhere to specific notice requirements as outlined in sections 911.2 and 910 et seq. of the California Government Code.
You typically have to provide notice to the government entity within six months of the date of the car accident. The notice must be in writing and should include essential details about the accident, such as the date, time, and location. It should also describe the circumstances of the accident and the injuries or damages sustained.
There are certain exceptions to the six-month notice period. For example, if a minor is involved in the accident, the notice period may be extended to one year from the date of the accident. Car accident lawsuits against government entities come with their own set of challenges. This is especially true if there is a high-ranking government employee involved.
You may want to consult with a law firm experienced in personal injury claims against government entities, such as the Maki Law Firm to gain more information on the applicable statute of limitations. Dedicated personal injury lawyers can guide you through the notice requirements, ensure compliance, and help you seek compensation from the liable parties for your injuries and losses.
Statute of Limitations in Case of Wrongful Death in a California Car Accident
The general statute of limitations for filing wrongful death claims in California is two years from the date of the decedent’s death. The two-year period typically starts from the date of their death. However, the discovery rule may apply in certain circumstances, allowing the statute of limitations to commence from the date the cause of death was discovered or should have been reasonably discovered.
If the wrongful death claim involves a minor, the statute of limitations may be tolled (suspended) until the minor reaches the age of 18. This means that the two-year period may begin when the individual turns 18. Your lawyer can guide you through the legal process, ensure timely filing of the lawsuit, and advocate for your rights in pursuing compensation for the loss.
What Happens if You Fail to File Your Injury Claim within the Prescribed Time Limit?
Missing the statute of limitations for filing a legal claim in California can have significant consequences, potentially resulting in the loss of the right to pursue the claim:
- Loss of Legal Rights: Once the statute of limitations has expired, you would probably be barred from filing an auto accident lawsuit in California.
- Inability to Recover Damages: Missing the statute of limitations means you may be unable to recover compensation for serious injuries and damages, including medical expenses, lost wages, pain and suffering, and other losses associated with the incident.
- Defense for the Liable Party: If you attempt to file a lawsuit after the time limit has passed, the defendant can ask the court to dismiss the case based on this ground. You would also have no negotiating leverage left to seek a settlement with the defendant’s insurance company.
- Diminished Evidence: When you delay in pursuing your claim, even if you may still be within the statute of limitations, the evidence related to the incident may deteriorate, disappear, or become harder to obtain. This can weaken the strength of bodily injury and property damage claims.
You should obtain timely legal representation to file an insurance claim and obtain the compensation you are entitled to for your serious injuries. It is important that you do this as soon as possible after the accident occurs so that your lawyer can build a strong case for damages before California’s statute of limitation runs out.
How an Attorney Can Assist with Your Car Accident Claim
When you enlist the services of an attorney, they become your advocate when dealing with the defendant’s insurance company. Your lawyers will guide you on what to say and, more importantly, what not to say to the insurance company. This prevents unintentional statements that could harm your case.
Insurance companies may attempt to offer low settlements to minimize their payouts. Attorneys are skilled negotiators who can assess the true value of your claim and push for a fair settlement that reflects the extent of your damages.
Car accident lawyers have the necessary resources to gather evidence while it is fresh and accessible. This includes accident reports, witness statements, photographs, and any other relevant documentation to establish liability. They will also work to ensure you receive appropriate medical treatment for your injuries. This not only promotes your recovery but also forms the foundation of your claim for damages.
Negotiating aggressively with insurance companies requires legal skills, experience and resources. Top lawyers understand the tactics employed by insurers and work to obtain a favorable settlement. Even while negotiations are ongoing, the lawyers at Maki Law Firm will spare no effort to prepare for trial. This demonstrates to the insurance company your resolve and readiness to go to court if necessary. This level of proactive effort often compels insurance providers to offer a more reasonable settlement.
Get Our Seasoned California Car Accident Attorneys on Your Side
With over $10,000,000 recovered for our clients, our track record at Maki Law Firm speaks to our dedication and success in obtaining favorable outcomes. Kevin M. Maki, our founding member, brings over two decades of experience, having worked for insurance companies before dedicating his career to representing accident victims. His insider knowledge gives us a unique advantage in advocating for your rights.If you have been involved in a car accident, suffered injuries, or lost a loved one due to someone else’s negligence, our client-focused car accident attorneys will do what it takes to get you the financial compensation you rightfully deserve. To schedule your free consultation, call 805-386-9624 or reach us online today.
