Car Accidents: Statute of Limitations

People who sustain injuries in Sacramento car accidents can seek compensation for their injuries from the at-fault driver or other responsible parties. However, state law sets a time limit on how long people have to file injury claims. This deadline is called the statute of limitations.  

What is the Statute of Limitations for a Car Accident in California?

California gives accident victims two years from the date of a car accident to file a claim or lawsuit. Getting your legal claim started within this window is critical, or you could lose your right to compensation. Once the limitations period expires, the court can dismiss your claim. 

The statute of limitations exists for several reasons: 

• It ensures that claimants acquire evidence before it is lost, destroyed, or altered.
• It helps the court deal with the case promptly. 
• It aims to deliver timely justice so defendants don’t have the threat of litigation hanging over their heads for years. 

The time limit in California may differ depending on the type of lawsuit or claim you need to file. Keep reading or consult with an experienced attorney about whether a different statute of limitations might apply to your case. 

What if a Government Employee’s Negligence Caused the Car Accident?

If the driver who hit you was a government employee, you have a much shorter amount of time to file a claim for damages. You must file an administrative claim with the government agency within six months after the crash. If the claim gets denied, you can file the case in court. From that point, the government agency has 45 days to respond to your request for compensation. If the government denies your claim or fails to send a rejection letter, the two-year clock starts ticking, and you must file your car accident case within that period.

Government claims get tricky fast. You don’t want to lose the money you deserve on a technicality, so contact a Sacramento car accident lawyer immediately. 

Are There Exceptions to the Statute of Limitations in California?

California has some exceptions to the two-year statute of limitations in limited circumstances. The limitations period may be delayed, or “tolled,” for: 

• Injured minors – The clock for children hurt in car accidents doesn’t start ticking until their 18th birthday. 

• Incapacitated individuals – If the crash victim has a mental disability after a wreck, the statute of limitations is delayed until they regain the capacity to act on their own.
• Out-of-state or incarcerated defendants – The deadline to file a car accident claim is suspended until the at-fault driver returns to California or is released from prison.

Determining whether your case meets the requirements for tolling is a job for a skilled car accident attorney. 

Does a Wrongful Death Claim Have the Same Time Limit?

When a car accident is fatal, California allows family members to hold the responsible driver accountable for their negligence through a wrongful death claim. The statute of limitations for wrongful death claims is generally two years from the date of the victim’s death. 

Wrongful death claims against the government are subject to the same six-month notification requirement as personal injury claims. Your legal claim can proceed if the agency doesn’t respond in 45 days. 

Like injury claims, the deadline for wrongful death claims may be extended in limited circumstances. Children who lost their parents in a car accident would have two years from their 18th birthday to file a lawsuit. 

Another exception involves the “discovery rule.” The clock doesn’t start running until family members discover that the victim died from their car accident injuries. 

How a Car Accident Lawyer Can Help You  

Healing from car accident injuries is hard enough without worrying about the financial consequences of a wreck. By putting your case immediately in the hands of an experienced lawyer, you receive personal relief and legal protection when you need it most.

While two years sounds like a long time to take legal action, it’s wise to get started early. Here’s why: 

• You need evidence while it’s still fresh – Winning a car accident case relies on providing strong evidence to support your claim. If you wait too long, you might find that witnesses’ memories are cloudy or physical evidence is missing or deteriorated. 

• The insurance company will pressure you to settle fast – Once notified of a crash, the auto insurer will call quickly and likely ask you to provide a recorded statement. Never talk to the insurance company without consulting an attorney. They could use your words against you to try and justify a lowball settlement offer. 

• You need a strong advocate if the insurance company says you’re at fault – The compensation you receive in a car accident claim may be reduced if you share fault for the crash. The insurance company will push for a lower settlement by blaming you. A car accident lawyer can defend you and prove the other party’s negligence so you obtain maximum compensation.
• You need to rest and recuperate – Demas Law Group is a full-service personal injury law firm that provides comprehensive support to accident victims. When you work with us, you can rest easy knowing your case is in capable hands. You deserve that reassurance while you recover from your injuries. 

Contact an Experienced Sacramento Car Accident Lawyer Now

Time could be running out to file your car accident claim. Let an attorney from Demas Law Group evaluate your case and explain your legal options. Our lawyers have the knowledge and expertise to handle the most complex claims. When you hire us, you’ll receive personalized legal services from a team that cares. 

We can get started on your claim now. Contact us for a free consultation with a car accident lawyer in Sacramento.