If you were seriously injured in a car crash recently, the idea of rushing to civil court to file suit over those injuries may feel unappealing. However, while you certainly do not have to rush to a judge’s office right from the hospital, there are time limits set by state law on how long you can wait to file suit after initially being injured through another person’s negligence. If you fail to abide by the deadline applicable to your claim, you may miss out on compensation.
The Woodland Hills car accident statute of limitations applies broadly to all car accident victims, but there are a few scenarios where slightly different deadlines may apply to specific individuals. Regardless of how long you have left to file suit, working closely with a capable attorney from Valero Law Group will be key to building the strongest possible claim as quickly as possible. This can help maximize your chances of getting the restitution you deserve.
What Is the Standard Filing Deadline for Car Crash Claims?
According to California’s Code of Civil Procedure § 335.1, the vast majority of people injured through the negligence of another have two years to file suit against that negligent party and demand compensation for their losses. More specifically, prospective plaintiffs have two years from the date on which they first had a cause of action to file a civil suit.
Most of the time, the point at which someone has a cause of action to sue over a traffic collision is the moment that the collision actually occurred. This means that the two-year statute of limitations for a Woodland Hills car accident case typically begins on the day of the wreck itself. However, if some time passes between when the crash occurs and when someone injured in that crash actually discovers their injuries, they can consider their cause of action to have been the moment they discovered their injuries. This may occur as long as they reasonably could not have discovered their injuries any earlier than that point.
Possible Extensions to the Statute of Limitations
The latter scenario mentioned above is allowed under what is known as the discovery rule. It is one of the few situations in which the standard two-year filing period for a civil claim here can be tolled or extended by a certain amount of time.
Another common scenario that may allow for an extension of the statute of limitations is if a car crash in Woodland Hills leads to someone under the age of 18 getting hurt. In this situation, the minor would have until two years after their 18th birthday to file a lawsuit over their injuries, provided that no parent or legal guardian has sued on their behalf in the meantime.
It is also worth mentioning that the filing deadline for a case of this nature can be extended if the at-fault party flees the state, engages in criminal fraud to conceal their negligent behavior, or otherwise delays legal proceedings through their own actions. A qualified lawyer can discuss what time limit will likely apply to a particular lawsuit during a private initial consultation.
Contact a Woodland Hills Attorney for Help About the Statute of Limitations for Car Wrecks
Abiding by the statute of limitations is essential to receiving any compensation after a serious auto accident. If you wait too long to file suit, a court will dismiss your claim for being time-barred as soon as you file it. Insurance companies will also refuse to offer a fair settlement because there is no chance you will sue them if settlement talks go poorly.
Fortunately, the Valero Law Group is here to help you get your case started well within the Woodland Hills car accident statute of limitations. Contact us today to begin processing your claim.
