Catie Moore
When car accidents occur, injured parties often face a complex process to obtain compensation. Among the most critical aspects of pursuing a claim is understanding the statute of limitations, a time limit on filing a lawsuit. This limitation can determine whether a case moves forward or is dismissed. For individuals involved in accidents, consulting with knowledgeable car accident lawyers can clarify this legal concept and ensure timely action.
The Basics of the Statute of Limitations
After surviving a car accident, you might feel insulted when you learn that you have a deadline to file an insurance claim or a lawsuit. The days following a car accident are filled with attorney questions, doctor’s appointments, insurance forms, etc. Behind all this chaos is the silent ticking of the statute of limitations.
It is the law setting a time limit for taking legal action, after which the court will dismiss your case as untimely. The statute of limitations guarantees the resolution of legal disputes while witness memories and evidence are still fresh.
The statute of limitation varies from state to state, usually from 1 to 6 years. For example, in some states, you have up to two (2) years from the date of the incident to file a case. Failure to file a lawsuit within this timeframe will result in your accident case being dismissed, and you will also lose your right to seek compensation for your damage and injuries.
This law exists to ensure that all accident cases are settled in a timely manner. Waiting long before filing a lawsuit makes finding witnesses at the accident scene or gathering evidence impossible or difficult.
Exceptions to the Statute of Limitations Rule
The statute of limitations is the set time you have to file a lawsuit after an incident, but there are some important exceptions to this rule that can either shorten or extend that time. Each of these exceptions is designed to make sure that people have enough time to pursue a claim, even if certain circumstances delay their ability to file right away.
Now, let’s break them down:
Discovery Rule
Sometimes, injuries or damage from an accident aren’t immediately obvious. If you didn’t realize you were hurt right away, the clock on the statute of limitations doesn’t start ticking until you discover the injury or damage.
For example, if you have an accident and later find out that the crash caused long-term health issues, you may have more time to file the lawsuit than if you filed right after the accident.
Minor Victims
If the person harmed in the accident is a minor (under 18), the statute of limitations doesn’t start until they reach adulthood. This means that if a child is hurt in an accident, they or their guardian can wait until they turn 18 to file a lawsuit, giving them more time to act.
Government Entities
If you’re suing a government agency or body, the time limit to file a lawsuit is usually much shorter. On top of that, there may be extra rules or steps you have to follow to even begin the lawsuit, so it’s really important to act fast in these cases.
What To Do So You Don’t Miss the State of Limitations
Here are the actions that can help you make the most of the statute of limitations in your state:
- Seek Medical Attention: Ensure to prioritize your safety and health immediately after a car accident.
- File an Insurance Claim: Inform your insurance company of the car accident and begin the claim process.
- Document the Accident: Take photographs, gather evidence, and collect the witness’s contact information.
- Consult an Attorney: Contact an experienced car accident lawyer immediately after the accident. They will help you understand your state’s statute of limitations and ensure all the vital paperwork is filed quickly.
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