When you get hurt or lose a close family member in a car accident in California, you’ll have the opportunity to seek compensation for your resulting medical bills, disability, emotional distress, and other crash-related damages. However, your time to take legal action through an insurance claim or personal injury lawsuit won’t be unlimited.
California has strict time limits for car accident litigation. If you miss the filing deadline that applies to your case, you’ll miss the opportunity to get the compensation you need to move forward with your life. That's why it's advised to consult with an accident attorney in Sacramento.
How Long Do I Have to Sue If I’m Injured in a California Car Accident?
As stated in California Code of Civil Procedure section 335.1, the statute of limitations for most personal injury lawsuits is two years.
This typically gives you two years from the date of your traffic accident to formally seek insurance benefits or file a car accident lawsuit.
There are times when the statute of limitations can differ.
- Child Injuries: If a child is injured in a California car accident, the statute of limitations is put on hold until their 18th birthday. This gives them until their 20th birthday to seek damages for their crash-related injuries, as long as a parent or guardian never filed a claim on their behalf.
- Government Tort Claim: If a city, county, or state government agency is being blamed for a car accident in California, a special set of rules will apply. In these situations, a government tort claim must be filed within six months of the wreck.
- Work-Related Claim: If you get hurt in a car accident while working in California, you may be eligible to recover benefits from your employer’s workers’ compensation insurance policy. A claim for workers’ compensation benefits must be filed within one year of the date you get hurt.
- Property Damage: If you want to sue to recover compensation for property damage, the statute of limitations is three years.
The statute of limitations can be paused - or tolled - in some situations, as well. For instance, if you’re injured in a hit and run accident and the at-fault driver can’t be located, the statute of limitations won’t begin to run until they’re found.
How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal Car Accident in California?
If you’ve lost a spouse, partner, child, or parent in a fatal California car wreck, you may have the right to seek compensation in a wrongful death lawsuit. In California, a two-year statute of limitations also applies to matters of wrongful death. Working with an experienced wrongful death attorney in San Diego is a smart step to take.
However, the statute of limitations begins on run on the date your family member dies, which may or may not be the same date at the accident that inflicted their fatal wounds.
Don’t let well-deserved compensation slip away after you’ve been injured or lost a family member in a crash. Focus on your recovery and trust Singleton Schreiber’s San Diego car accident lawyers to help you navigate your legal claim for damages.
Our award-winning motor vehicle accident attorneys in Santa Rosa have helped clients win billions in monetary awards. Now, we’re here to help you win big after a collision, too. Contact one of our California law offices - located in Los Angeles, Sacramento, San Diego, and Santa Rosa - to learn more. Your first consultation is free.
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