Filing a car accident lawsuit is a great option for people seeking to recover monetary damages after experiencing a major car accident. Here’s what to know about the statute of limitations for filing a car accident lawsuit in California.
California’s statute of limitations for a car accident lawsuit depends on the type of lawsuit; a personal injury lawsuit has a statute of limitations of 2 years, while a property damage lawsuit has a statute of limitations of 3 years.
Statute of Limitations
The statute of limitations prevents an injured party from filing a lawsuit for a crime after a certain time period. After the designated time period has passed, the court will not consider the lawsuit. If someone wishes to file a car accident lawsuit, they must do so within the proper time period, before the statute of limitations is up.
The statute of limitations ensures that cases are fresh and timely. Staying within a close time frame from the incident allows for evidence and testimonials to be accurate and recent. Evidence in a car accident lawsuit presented long after the accident may be inaccurate and unreliable.
The statute of limitations is different for the different types of possible car accident lawsuits. The statute of limitations starts on the day of the incident.
Related: What Happens If Someone Sues You After a Car Accident?
Different Types of Lawsuits
For a personal injury claim in California, the statute of limitations is 2 years. A personal injury lawsuit seeks monetary damages for injury, harm, or wrongful death caused by the car accident as a result of the other driver’s negligence. A wrongful death personal injury lawsuit is a lawsuit brought forward by the family of a victim of an accident. The statute of limitations for a wrongful death lawsuit starts from the day of the victim’s death if different from the date of the accident.
For a property damage claim in California, the statute of limitations is 3 years. A property damage lawsuit seeks monetary rewards to compensate for damage to the vehicle or other property involved in the accident.
When to File a Car Accident Lawsuit
The best time to file a car accident lawsuit is as soon as possible. Even if the insurance claim process is handling your case, work to file a lawsuit early to avoid passing the statute of limitations. Filing early will give you plenty of time to consider your best legal recourse without passing up the option of going to court.
Related: Grounds to File a Car Accident Lawsuit in California
FAQs About California’s Car Accident Lawsuit Statute of Limitations
Why does California have a statute of limitations?
A statute of limitations serves to ensure that cases are accurate and timely. Keeping cases within a certain time frame ensures that the testimonials and evidence related to the case are intact. Filing a lawsuit long after the initial incident may result in an inaccurate case. A statute of limitations ensures that cases stay fresh to reach a just outcome.
What are my different legal options for a car accident lawsuit?
After a car accident, Californians have the option of filing a personal injury lawsuit or a property damage lawsuit. A personal injury lawsuit seeks to remedy the physical harm or death caused by the car accident. A property damage lawsuit seeks monetary rewards to make up for the damage to the vehicle or other property in the accident.
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If you or a loved one would like to file a car accident lawsuit in California, get your free consultation with one of our California Personal Injury Attorneys today! We don’t get paid unless you win your case.