How Long After a Car Accident Can You Sue in California?
How Long After a Car Accident Can You Sue in California?
The window of time that you have to file an injury claim in court is not open-ended. Following a car collision, the clock begins ticking, and a missed filing deadline could mean that you do not have recourse to use the civil court system to pursue accountability and compensation. If you were injured in a car collision, you may be wondering how long after a car accident you can sue in California.
Why the Courts Set Statutes of Limitations for Car Collisions
Courts across the country set statutes of limitations, which are basically filing deadlines for civil and criminal matters. There are many reasons for these strict rules. One, they encourage people to file claims while the evidence is still fresh and reliable. Two, they protect defendants from facing the prospect of civil claims indefinitely. Three, they reduce court backlogs by preventing outdated case filings. Last, they provide clear deadlines, so claims move in a timely manner.
California’s courts are incredibly busy. Each year, around five million court cases are filed every year. Rules for when a case can be filed help to make sure that the system is not overburdened with cases.
How Long Do I Have to File a Claim?
If you were injured due to a negligent driver along the Pacific Coast Highway, Jamboree Road, Harbor Boulevard, or elsewhere in California, you generally have two years from the date of the injury to file your injury claim in court. Exceptions are rare but may apply in situations where an injury related to the collision was not immediately apparent and is discovered later.
Without an acceptable exception, any case that is filed past the two-year deadline would be dismissed. This could leave the injured party without the ability to use the court system to secure justice and accountability. One way an injured passenger or driver can reduce the chance that they miss a filing deadline is to work with an experienced injury lawyer.
Understanding Insurance Claims Versus Civil Court Actions
Given the high volume of car collisions in California, it comes as no surprise that car crashes are a common basis for personal injury claims. In 2023, for example, Orange County saw 17,809 people injured or killed on local roads and highways. Following a crash, there are two general paths for compensation: insurance settlements or civil court actions.
Insurance companies encourage their policyholders to notify them about car collisions as soon as possible, but there are no statewide laws governing when someone should file an insurance claim. California does set requirements for reporting serious collisions to the DMV. Waiting too long could complicate a car accident claim, but insurance companies do not set statutes of limitations.
The civil courts operate differently. Uniform laws across the state govern how the courts operate and when court filings are considered late. It does not matter whether you file your injury claim at the Central Justice Center, Lamoreaux Justice Center, or Harbor Justice Center – Newport Beach.
Why Should You Hire a Car Accident Lawyer From Bentley & More LLP
If you were hurt by a negligent driver, hiring a car accident lawyer should be a top priority. By working with an attorney who understands California’s complex car accident laws, you can make sure that your injury claim does not miss any strict filing deadlines. A California car accident attorney can manage your car accident case by gathering the right evidence that can hold up in court.
Your injury lawyer can explain the process and what to expect moving forward. If there are challenges that arise, such as disputed liability, your lawyer can take decisive steps to refute those efforts to delay or derail your injury claim. If you are looking for trusted representation, the award-winning lawyers at Bentley & More LLP can help you achieve your goals in court.
Our dedicated team of injury lawyers understands how the local courts work and how to manage your claim with a focus on securing fair and full compensation. We routinely receive awards from prominent legal groups and are featured as guests on national television shows.
FAQs
What Must Be Proven to Establish Negligence in a Car Accident Case?
Proving negligence requires showing key elements: duty, breach, causation, and damages. A driver must owe a duty of care, fail to meet that duty, and cause an accident that leads to measurable harm. Evidence from reports, witness statements, and medical records can establish each of these elements clearly. These and other forms of documentation must be collected before a claim can be filed.
How Is a Settlement Amount Typically Distributed?
Settlement funds are typically distributed after deductions. Attorney’s fees, case costs, and any medical liens or reimbursements are paid first. The remaining amount then goes to the injured party. An injury lawyer should disclose their contingency fee through the attorney-client agreement. Under a contingency fee structure, both the attorney and client are incentivized to pursue the most that they can under the law.
What Should You Avoid Saying After a Car Accident?
After a car accident, you should avoid saying anything about the possible causes of the collision to anyone involved in the collision or an insurance adjuster. Do not apologize or downplay the severity of your injuries. Stick to basic facts when speaking with others and be cautious when dealing with insurance adjusters. Avoid posting anything related to your injury on social media or anywhere that could be publicly viewed.
What Factors Affect the Value of a Car Accident Case?
The value of a car accident case can be influenced by multiple factors. The severity of the injury, recovery timeline, and degree of negligence on the part of the at-fault party are all factors that can contribute to the value of a settlement or favorable court verdict. The experience of your legal counsel can also affect the value of your settlement because attorneys play an active role in shaping the outcome of a car accident claim.
Injured in a Car Collision? Contact Bentley & More LLP Today
Don’t risk your recovery and financial future on unproven legal support. Our dedicated team of seasoned litigators is ready to help you reclaim what you lost following a preventable personal injury. We do not settle for less than what our clients are owed, and we can take the time to learn about you and the hardships you experienced due to someone else’s negligence. Take the first step by contacting our office today so you do not miss critical filing deadlines.
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