A car accident in California could leave you on the brink of financial and personal ruin.
A car wreck victim could find themselves with a hefty pile of medical bills from the accident. Additionally, you might have future medical costs, lost wages, property damage, and pain and suffering because of a careless driver.
With what is at stake, seek help from a proven, compassionate, and knowledgeable California personal injury attorney from Wakeford Law Firm. Our firm will make sure that you receive high-quality legal representation from experienced trial counsel. We are committed to maximizing your financial recovery and helping you find justice.
What Is the Car Accident Statute of Limitations in California?
California law is stringent. California’s statute of limitations for personal injuries caused by the negligence of another person is two years. Therefore, you must file a lawsuit within the time allowed by the car accident statute of limitations in California.
You will most likely forfeit your rights to sue the person who injured you if you miss the deadline. If that happens, you cannot collect monetary damages, and you will be stuck paying for your injuries.
California’s two-year statute of limitations also applies to wrongful death actions. However, California has a three-year statute of limitations for property damage.
What Does the Statute of Limitations for a Car Accident in California Do?
All statutes of limitations restrict when a person can file a lawsuit against another person. The statute of limitations is known as an affirmative defense. In other words, the person you sue must argue to the court that you missed the statute of limitations deadline.
If they don’t, then they may waive their right to do so later. If they do raise the defense, the judge must dismiss the case if they find that you violated the car accident statute of limitations in California.
Filing a lawsuit one day late could be disastrous for you. Ask a committed and knowledgeable California car accident attorney to handle your case. A conscientious attorney will file a claim in court so you can pursue justice for your damages.
When Does the Statute of Limitations for Car Accidents in California Begin?
The statute of limitations in California for car accidents begins on the day of the accident. You have two years from the accident date to file a claim in court even if your injuries did not surface immediately.
When Does the Car Accident Statute of Limitations Begin If I Live Out of State?
If your accident happened in California, the statute of limitations is the same even if you live out of state. You must file your court case in California, even if you were only visiting. You need an attorney from California who understands California’s legal system to prepare your claim and file a lawsuit in court to protect your rights.
Do Settlement Negotiations Stop the Clock?
In legal terms, stopping or pausing the statute of limitations is called “tolling.” Settlement negotiations do not toll the statute of limitations. As a result, you must file your case in court before the deadline even if you expect to settle.
The statute of limitations might pause if the person who injured you has left California. Additionally, if you were a minor when your accident occurred, the statute of limitations will toll until you turn 18. In other words, you will have two years after you turn 18 to file your claim.
Your personal injury attorney from California can guide you in making the best decisions for you and your family.
Contact Us Today with Questions About the Statute of Limitations for Car Accidents in California
Wesley Wakeford and his team with Wakeford Law Firm know the loss you suffered at the hands of a careless individual. Wesley has successfully handled hundreds of California car accident settlements.
He is ready to go to court and fight for you if the insurance company refuses to settle. You can trust Wesley to evaluate your claim and prepare your case to win you the largest settlement award possible.
Do not hesitate to call Wesley and the Wakeford Law Firm today at 415-569-7495 to schedule an appointment without obligation. Your recovery is our number one priority.