Sustaining an injury in a motor vehicle collision can upend your life in numerous ways. In addition to the physical injuries you sustain, an auto incident can have financial and emotional implications. You have the chance to pursue a personal injury suit after a crash, but the statute of limitations restricts the window of time in which you can file a claim.
Understanding the San Jose car accident statute of limitations is important if you are considering a personal injury lawsuit. If you fail to comply with this tightly enforced deadline, you could miss out on your chance to claim damages. Let a dedicated injury attorney ensure you comply with every legal requirement. Reach out to our team today.
What Is the Statute of Limitations?
The statute of limitations is the legal deadline that applies to all personal injury cases. In San Jose, California Code of Civil Procedure § 335.1 governs this deadline, and it determines that someone injured in a car accident usually has two years from the date of the collision to file an injury lawsuit.
There are serious consequences associated with missing the time window for making a claim. If a plaintiff files suit after the time limit expires, they can expect the judge to dismiss their case with prejudice, meaning the lawsuit comes to an end and they cannot ever refile the claim.
Exceptions to the Rule
While the general rule is that an injury victim has two years to file their lawsuit, there are some exceptions that can shorten or lengthen this window of time. For example, a victim claiming against a government entity typically has as little as six months to bring a claim, while minors could have longer than the two-year window.
It is natural to have questions about how the deadlines for filing suit after a car accident operate in San Jose. An experienced injury attorney can help ensure you understand and comply with these time limits.
Other Reasons Why Acting Quickly Is Crucial
The requirement to bring a claim within a certain time frame is not the only reason to move quickly following a San Jose motor incident. If an injured person acts as soon as possible, they increase their chances of getting the outcome they desire in court.
The sooner a car accident victim speaks with an attorney and moves forward with their case, the more likely they are to preserve evidence that can help them win at trial. Over time, people record over security camera footage and witnesses forget what they observed. Engaging with an attorney right away improves the chances of collecting and preserving this important evidence.
Acting immediately also offers the attorney enough time to interview witnesses, consult experts, and discover how a collision occurred. Working with a lawyer early in the process allows them to build a winning case.
Talk to a San Jose Lawyer About the Claims Time Frame for Traffic Incidents
If a car accident resulted in you being hurt, the statute of limitations restricts the time frame within which you can seek compensation. If you wait too long to act, you could miss out on your chance to recover damages forever.
Let the Valero Law Group help you get the outcome you deserve. Reach out for a private consultation today to learn more about the San Jose car accident statute of limitations.
