Is it Too Late to File My Los Angeles Car Accident Case?

Is it Too Late to File My Los Angeles Car Accident Case?

Posted on March 12, 2018 | Written By: iadminlaw

If you have been injured in a car accident and feel as though you have the right to claim damages—whether for medical expenses, vehicle replacement costs, lost wages, or personal property loss—then it’s your prerogative to pursue a personal injury case. A word of caution, however: You’ll want to pay attention to the statute of limitations, which is imposed by the state and effectively puts on a clock on your claim. If a certain amount of time passes between the accident and you filing your case, then you cannot legally proceed with it.

But what is the statute of limitations here in California—and what does it mean for your personal injury case? Our Los Angeles car accident lawyers have the answers.

Understanding the Statute of Limitations

While different states handle the statute of limitations differently, it boils down to the same thing—a deadline on when you’re allowed to file your lawsuit. According to our Los Angeles car accident attorneys, this deadline is quite strict; if for any reason you fail to file your suit before the deadline, your case will almost definitely be tossed out.

So when does the statute of limitations begin running? Usually, it’s on the day of your accident or injury. And when does it expire? According to our Los Angeles car accident lawyers, that all depends on where you live.

When Does the Statute of Limitations Run Out?

The statute of limitations can be as short as one year and as long as six years, simply depending on the state you are in; if the statute of limitations in your state is three years, for instance, then you have three years, from the day of your accident, to file a suit against the at-fault party.

In California, the statute of limitations for a personal injury suit is two years. Again, it’s a strict deadline, and you should never count on any “exceptions” to it. According to our Los Angeles car accident lawyers, some exceptions do exist, however, and are worth knowing about.

Exceptions to the Statute of Limitations

The biggest exception is the so-called “Discovery Rule,” which can sometimes buy you an extension on your deadline to file suit. There are a couple of instances in which an injured person can invoke the Discovery Rule:

1. You were not previously aware of the injury—e.g., it was asymptomatic for a long time.
2. You were unaware that the other party’s actions caused or contributed to the injury in some way.
If you discover either of these things, once the original statute of limitations is up, then you may be able to get an extension to file your suit. Again, this isn’t something you should bank on, but it is something you should be aware of.

Our Los Angeles car accident attorneys say there are other possible exceptions, too. For example, if the responsible party leaves the state, the clock stops running until the individual returns to the state. So, if the at-fault party fears legal action and chooses to run away, you’ll have some flexibility with the statute of limitations.

You may also get an exception to the statute of limitations if the injury in question happens to a minor, or to a person who is mentally ill. This is something you’ll want to discuss in detail with your Los Angeles car accident lawyer.

Filing Suit with a Los Angeles Car Accident Lawyer

If you believe you have a personal injury case, it’s important not to delay. Pursue your case as soon as you are able to, avoiding any problems with the statute of limitations expiring. Reach out to I Accident Lawyer to learn more about filing a car accident case in Los Angeles.

Indeed, our Los Angeles car accident lawyers represent only those who have been injured—never insurance companies or other corporations. And we fight hard for our clients to receive full damages. We’re here to consult with you any time; contact I Accident Lawyer now to discuss your case!