Have you ever discovered a bump or bruise on your arm and have no idea how it got there? The same can be said for car accident injuries. You may not initially feel pain or notice injuries after a car accident because you’re too busy dealing with the stress of what just occurred. Then, days or even weeks after the accident, you start getting aches and pains you hadn’t felt before. Brain injury, internal injuries and whiplash may go unnoticed at first.
If you’ve been injured in a car accident and the other driver is at fault, you may be able to file a car injury claim against the other party. Filing a car accident injury claim is key to ensuring you are compensated for any damages you have incurred.
Understanding the timeframes for filing a personal injury case is also crucial. So, how long do you have to make an injury claim? We’ll tell you all about it here.
The longer you wait to file a claim, the harder it may be to reach a resolution. The insurance company and their attorneys may even question your injuries. This could leave you with unpaid medical bills or even property damage you’re responsible for.
It could also mean not being able to obtain non-economic damages to cover the emotional consequences of the incident, such as anxiety or PTSD. The sooner you report a personal injury claim and get checked out by a doctor, the better your chances of getting fully compensated.
Statute of Limitations
Each state has its own statute of limitations for filing a personal injury claim. Statutes of limitations are laws that set time limits for filing a lawsuit or legal proceedings.
In California, you have up to two years from the date of injury to file your claim. Once the statute of limitations expires your case cannot be brought to court — with a few exceptions. If you fail to file within California’s statute of limitations, you will forfeit your right to receive a settlement.
Not filing an accident report within the state-established timeframe could lead to your claim being denied. It could be harder to establish evidence for your case if too much time has gone by. That’s especially true for bodily injury damages, as there needs to be a clear connection that the accident caused the injuries. And if you wait too long to file, witnesses may forget important details about what they saw, possibly leading to an unfavorable outcome for you.
Exceptions to the Injury Claim Rule
While two years is the general time limit to file car accident claims in California, there are some exceptions:
- The injured victim is a minor. In such cases, the statute of limitations does not begin until the minor’s 18th birthday. The victim then has two years to file a claim after he or she turns 18.
- Your injury is not immediately visible after a car accident. Some injuries may take days or weeks for signs or symptoms to develop; in such cases, you may have two years from the date of discovery of the injury to file a claim. This is known as the “discovery rule.” However, in this situation, it may be more challenging to prove that the injury stemmed from the car accident and not from a subsequent event. An attorney can review your case and determine how long you have to file your personal injury claim.
- Death is involved. Usually, the bereaved family members have a two-year window from the date of the demise to lodge a claim for wrongful death. Oftentimes, that date can be different than the actual date of the car accident.
- The car accident involves a government vehicle. In cases involving a government entity, California allows up to six months to file a personal injury claim.
Tolling a Statute of Limitations
With tolling, the statute of limitations may be suspended or will not begin for a certain period. Tolling may occur when the defendant is:
- Out of state
- In prison
- Under 18
- Legally insane
The time limit begins to run or resumes once the condition leading to tolling has ended.
When Should I File My Injury Claim?
When it comes to filing an injury claim, the sooner the better — even if you plan on settling your car accident claim out of court. Although you have two years to file a claim, keep in mind that car accident claims require thorough investigations. And if your case is more complex, your lawyer may need more time to build a solid, convincing case.
If you wait to file a legal claim after the applicable statute of limitations expires, the defendant may feel there is no reason to negotiate and may even ask the judge to dismiss your case. The same thing goes for insurance providers.
First Things First
After a vehicle collision, the first thing you should do is report the accident to both the police and your car insurance company. Failure to do so may result in your insurance company dropping your coverage. And if you fail to report the accident to the other party’s insurance carrier, you may miss out on filing an insurance claim.
Keep in mind that the timeframe for reporting a car accident to an insurance company will differ from the time limit to file a claim. Generally, most insurance companies require policyholders to report accidents within 30 days.
Should I Consult a Car Accident Attorney?
If you were in a minor car accident with no major injuries or property damage, you might be able to handle your claim independently. However, it’s a good idea to obtain a lawyer if you want to recover the maximum compensation for your injuries. If you’re unsure about any aspect of your car accident injury claim, it’s a good idea to speak with a lawyer as soon as possible to review your accident case.
Reasons for Reaching Out to a Personal Injury Attorney
If any of these apply to your case, a seasoned car accident attorney can help you recover the maximum compensation possible:
- Serious injuries or death occurred
- You’re unable to work due to your injuries
- Fault is being disputed or unclear
- The other driver was uninsured/underinsured
- Your claim is minimized or denied
- The other driver’s insurance provider or attorney is asking you to provide a statement
How Long Does It Take to Settle a California Car Accident Claim?
The time it takes to settle a car accident claim depends on several things. Responsibility, injuries, complexity of the accident, and the quality of proof all have a role. If the blame is evident, you have sustained serious injuries, and the responsibility is undeniable, your case might settle rather quickly.
However, the case can take longer if the insurance company believes your injuries are exaggerated or questions liability. Talk to a car accident attorney if you think the insurance company is delaying your case unfairly.
Thus, understanding the statute of limitations for an injury is crucial. If you miss the timeframe for filing an injury claim, you may lose your rights to compensation. Having a trusted personal injury lawyer on your side can help your odds of a favorable injury claim outcome.
Dealing With Post-accident Injuries?
Experiencing post-accident injuries? Remember, the clock is ticking. Contact our skilled car accident attorneys in California today to protect your rights and maximize your compensation. Act quickly—call for a free consultation today.