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Understanding statutes of limitations in car accident cases

Being injured in an auto accident can completely change your life. Even if you only suffered minor injuries and a damaged vehicle, you can still face many challenges attempting to recover compensation for your economic and non-economic damages. If you suffered severe injuries, you must fight for the compensation you need to cover the cost of ongoing medical treatment. When an accident victim suffers severe injuries, pursuing compensation is not usually a top priority. However, if you’re involved in an accident in California, you must file a claim or lawsuit within two years from the date of the accident, otherwise you may be unable to recover compensation for your accident related losses.

What is the Statute of Limitations?

In California, accident victims have two years from the date of an accident to file a lawsuit over the damages they suffered in an auto accident. This applies whether the person was the driver, passenger, pedestrian, or a bicyclist struck by a driver. This time limit is known as the statute of limitations. Failure to file within this time limit can result in your case being dismissed.

Are There Any Exceptions to the Statute Of Limitations?

The two-year statute of limitations applies to most auto accident cases, however, there are some exceptions.

  • One exception to the standard two-year statute of limitations for auto accidents is if the injured person was a minor at the time of the collision. When a minor is involved, the statute of limitations will not begin until the minor has turned eighteen years old.
  • If an injury is not detected after an auto accident, the statute of limitations may also be extended. Certain types of injuries that occur in car crashes are challenging to detect and individuals who sustained these injuries may not show symptoms for several months following the accident.

Statute of Limitations Involving Government Vehicles

If an auto accident involves a government vehicle, the accident victim must act quickly. Automobile accidents that involve government-owned cars, fire trucks, sanitation trucks, or city buses require that a notice of a claim be made within six months following the collision. Because of the shorter statute of limitations involving government vehicles, it’s important to contact a car accident lawyer as soon as possible.

Should I Hire a Car Accident Attorney?

Hiring a car accident lawyer can be the best way to ensure you recover the compensation you deserve for all accident-related damages. Additionally, when you hire a car accident lawyer, you can feel confident that they will handle every aspect of your case, including filing all of the appropriate paperwork within the statute of limitations.

Contact Us Today

If you were injured in an auto accident that was caused by a negligent driver, contact Child & Jackson Personal Injury Lawyers today to schedule a free legal consultation. Our legal team has decades of experience fighting insurance companies for the compensation our clients deserve and can provide the dedicated and knowledgeable legal guidance and advice you need during this difficult time. Contact us today to schedule your free legal consultation.

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Author

Erik Child

Erik E. Child is a graduate of Brigham Young University and obtained his Juris Doctorate from the McGeorge School of Law in 1998. Working as a practicing trial attorney, Mr. Child has earned a reputation for having successfully tried many cases over the years, beginning in 1999. With extensive litigation experience, Mr. Child has practiced law in California, Utah, Washington, and Nevada, in both federal and state appellate courts. Happily married, Mr. Child is the father of nine children and enjoys spending time with his family, traveling, and scuba diving.

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