When a person is injured in a car accident, they have many things on their minds: Getting appropriate medical care, figuring out their finances after taking time off of work, getting their car replaced or repaired, etc. We know that filing a personal injury claim is not always at the forefront of a person’s mind.
That said, it is important to understand the statute of limitations that affects car accidents in the state of California. If you have questions, contact Law Offices of Fernando D. Vargas right away for your free legal consultation. In the meantime, you can read on to learn about the basics of statute of limitations.
The Statutes of Limitations if Someone Was Injured
The statute of limitations will vary based on a number of factors, including whether or not there were injuries caused by the accident. In California, most cases involving injury will have a two year statute of limitations. This gives you two years from the date of the accident to file your lawsuit against the at-fault party. You can then work to recover compensation for pain and suffering, lost wages, medical costs, etc.
The Statues of Limitations in Non-Injury Cases
Of course, it is not always the case that someone was injured in a car accident. In some instances, it is just property that is damaged. If this is the case then there is another year in which to file the personal injury claim. The victim has a total of three years from the date of accident in most cases. Even if there was an injury, but you miss the two-year deadline to file an injury claim, you can still file a non-injury claim.
Remember that compensation is not just limited to your car. If you had a bike in your car and it was damaged or destroyed, then the insurance of the at-fault party would be responsible for reimbursing you for this. Just note that the longer you wait to file your claim, the more likely it will be that you will not have the necessary evidence to prove your case.
Exceptions to the Rule
It is also important to remember that though there are statutes of limitations, there are also exceptions. For example, if the at-fault party is a government agency or employee, then you may have significantly less time. In California, you would have to file a notice of injury within six months. If you do not, then you lose the opportunity to sue.
For this and other reasons, we strongly recommend talking to a personal injury attorney sooner rather than later. You can contact Law Offices of Fernando D. Vargas now at 909-982-0707 for your free legal consultation. We are standing by to listen to your case, understand your needs, and offer our best legal advice.
