How Long Do You Have to File a Car Accident Lawsuit?

Post-accident recovery can be a difficult process. Aside from these matters of handling injuries and insurance claims, you need to understand how long you have to file a civil lawsuit to take action against the other driver. Being aware of the limitations helps ensure that a person does not lose the right to compensation. We put this guide together to explain how long a person has to take legal action after a car crash.

The Basics of Statutes of Limitations

In every jurisdiction, there is a time limit within which a lawsuit must be filed. This is what sets forth the time by which legal action must be initiated. After this time runs out, a person typically loses their right to make claims. The time limits vary by state and depend on the type of case. Jurisdictional laws related to filing an accident lawsuit against a car (or other vehicle) tend to fall in the range of one to six years. Speaking to a car accidents lawyer near you is a smart move at this time. 

Things You Need to Take into Consideration of the Time Limit

Many factors can affect the time limit for making a claim. Different types of damages, such as personal injury or property damage, are often subject to different statutes of limitations. The accident also involved government entities, so it could change the typical timeline. There may be additional factors if the accident impacted a minor or was fatal. Being aware of these intricacies also ensures that those impacted take the necessary legal measures promptly.

Why You Should Do It Sooner Than Later

If you wait too long to file a claim, you may lose important evidence. As time goes by, memories disappear, witnesses become difficult to find, and physical evidence may degrade. Starting the process quickly solidifies the case by maintaining important specifics. Additionally, submitting in advance provides time to address all potential legal difficulties which enables the process to be much easier.

Getting Professional Legal Help

Understanding specific legal requirements becomes much easier with the help of legal professionals right up to the accident. Personal injury attorneys explain the complexity of these lawsuits. For every unique scenario such as a defective product injury, legal experts can help determine the statute of limitations that applies. They also help you in collecting proof and strengthening the case to back the assertions.

Exceptions to the Deadline

Statutes of limitations are limited, and with exceptions, they can be again supra. There are certain scenarios wherein the period to file would be extended. For example, finding broken bones years after the accident would cause a different deadline. The initial principle that applies when injuries do not set in until some time passes are the “discovery rule”. Legal professionals can help you determine whether any exceptions apply in your situation.

What do you do after an accident?

The things you do at the moment after an accident can have a huge effect on the course of the lawsuit that follows. Sharing the incident with law enforcement establishes a formal paper trail. By going to the doctor, you also get the appropriate documentation for your injuries. Even gathering witness contact information and taking pictures at the scene can help you a great deal. Full documentation of any costs associated with the accident will further aid a potential claim.

Insurance Providers and the Options They Provide Legally

After an accident, handling insurance companies is so much a part of it. It is not uncommon for insurers to favor settlement out of court, sometimes for an amount that is less than what is owed. A good lawyer can negotiate a reasonable settlement. Knowing about the length of time that is legally permissible and the framework of time to file a lawsuit becomes important in this regard, in case negotiations with the insurers get worse and no agreement can be reached. That knowledge allows one to make educated decisions about their legal options.

Conclusion

If you want to seek justice after a car accident and get a fair amount of compensation, you will need to know what are the time limits for filing a lawsuit. Knowledge of statutes of limitations, the activation of legal counsel, and expedient action lead to a strong legal footing. Although each of the circumstances comes with its very personal issues, taking prompt action and seeking expert occurrences help in making the result a bit easier to digest. After doing so, the likelihood of obtaining just compensation for the damages can be maximized.