How Does the Statute of Limitations Work in CA Car Accident Cases?

When you are involved in an automobile accident, you may experience a sudden surge of panic and worry. Car accidents that result in injury or discomfort can cause extra worry, so it’s critical to know your legal rights as an injury victim in California. As a victim of an accident, you may have a lot…
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How Does the Statute of Limitations Work in CA Car Accident Cases?

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When you are involved in an automobile accident, you may experience a sudden surge of panic and worry. Car accidents that result in injury or discomfort can cause extra worry, so it's critical to know your legal rights as an injury victim in California.

As a victim of an accident, you may have a lot of questions about what happened. This is particularly true if you have been injured as a result of the collision. When it comes to car accidents, each state in the country will have its own set of rules and regulations. If you were hurt as a result of someone else's carelessness, you may want to consider bringing a personal injury case. Filing a claim can be a complicated process, and as a victim, knowing your rights can be the most important aspect in determining whether or not you obtain financial compensation for your injuries.

California Statute of Limitations

A statute of limitations specifies the maximum length of time that an individual has after an incident to pursue legal action. A statute of limitations, in other terms, is a deadline for launching a case. The claim is no longer valid once the statute of limitations has expired.

With a few exceptions, if you have been wounded in an automobile accident, you have two years to submit a claim in the state of California. Regardless of the strength of your claim, if you do not claim within two years, you will lose your opportunity to pursue a personal injury claim.

Unfortunately, when it comes to bringing a personal injury case in California, many accident victims are unaware of the laws. Accident victims must understand that filing personal injury claims should not be a time-consuming process.

When the injured victim is a minor, the first exception applies. The statute of limitations does not begin to “run” until the juvenile reaches the age of eighteen in such circumstances. After turning 18, the victim has two years to file a claim.

The second exemption occurs when an accident-related injury is not discovered immediately after the accident. Some injuries take days or weeks to manifest symptoms; in these circumstances, you may have two years to file a claim from the date of discovery of the damage. However, proving that the injury was caused by the automobile accident and not by a subsequent occurrence may be more difficult in this case. An attorney can look over your case and tell you how much time you have to file your personal injury claim.

Surviving family members normally have two years from the date of death to initiate a wrongful death claim if a traffic collision resulted in a tragic death. This is frequently not the same as the date of the accident. If your loved one suffers a catastrophic injury and remains in a coma for six months before succumbing to the injuries, the statute of limitations will run out two years after the death, not two years after the accident.

Lastly, if your vehicle was damaged in a car accident but no one was injured, you have three years from the date of the accident to submit a claim for damage to property in California.

Always consult with a car accident attorney

Without the assistance of a qualified automobile accident attorney, collecting financial compensation for your personal damage may seem difficult. Retain an attorney who is knowledgeable in the field of auto accidents and a personal injury lawyer as soon as possible after the accident to avoid potentially losing your opportunity to file a car accident claim because the statute of limitations has run.

For a free, no obligation consultation, contact the experienced injury attorneys at Ghozland Law Firm today.

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Our employment & personal injury attorneys recognize that the individuals we work with are typically going through overwhelming and stressful times in their lives. When an individual hires us, we strive to provide the client with the strong legal representation and effective counsel they need to receive fair and just compensation. Our experienced attorneys are dedicated to helping our clients in their time of need. Our employment & personal injury team is comprised of well-respected lawyers who have been involved in several multi-million dollar settlements, earning us membership in the Million Dollar Advocates Forum®. This further demonstrates our ability to take on complex accident cases.

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With over 40 years of experience, we have handled many slip and fall cases. I can provide you with the caliber of legal services that is normally available only to large companies, due to my experience in large-scale litigation that has resulted in awards of millions of dollars on many occasions. In 2014, Michael Ghozland was named “Street Fighter of the Year” by Consumer Attorneys of California in 2014. Because of my outstanding trial record, winning your case will probably mean obtaining a private settlement, with no need to ever step into a courtroom. Insurance companies know my reputation, and most of them would rather settle than face me in a slip and fall lawsuit.