Acting quickly for medical and legal reasons is critical when you’re involved in a car accident. This is because the clock starts ticking on your right to file a claim immediately after an accident.
This time limit, the statute of limitations in a car accident case, varies depending on the state and the specifics of the incident.
While most people assume there’s a fixed window to take legal action, there are exceptions that can extend or shorten this period.
This article explores the exceptions in the statute of limitations you should know about. Read on.
Standard Statute of Limitations
The statute of limitations varies by state. In most states, the timeframe ranges between two and four years.
For example, in California, you typically have two years to file a personal injury case after a car accident. In contrast, states like Maine extend the period to six years. This timeframe starts the day the accident occurs, and failing to file within this window usually results in losing your right to sue.
However, the type of lawsuit can affect the timeline. Personal injury cases and property damage claims often have different deadlines. For instance, while you may have two years to file a claim for injuries in a car accident, property damage claims might allow up to three years in some states.
Exceptions to the Statute of Limitations
While the rules appear simple, various exceptions can increase or decrease the statute of limitations in a car accident case. Some of the most common exceptions include:
- Delayed Discovery of Injuries: In some cases, the party with an injury may not immediately realize the severity of their injuries after a car accident. Severe conditions like traumatic brain injuries or internal bleeding may not manifest until weeks or months later.
States often allow an extension of the statute of limitations upon discovering injuries after the accident. For example, suppose the concerned party diagnoses an injury related to the accident six months later. In that case, the clock may start ticking at the time of diagnosis rather than on the date of the accident itself.
- Accidents Involving Minors: The extension of the statute of limitations happens if a minor suffers an injury in a car accident. In many states, the countdown doesn’t begin until the minor reaches the age of 18. This allows the individual time to file a lawsuit as an adult if their legal guardians did not pursue a claim on their behalf during their childhood.
- Government Vehicles: Different rules may apply if a car accident involves a government vehicle. In many states, defendants must file lawsuits against government entities within a much shorter period—often as little as six months. This brief window applies to incidents involving police cars, fire trucks, public transportation, or other government-owned vehicles. Failing to act quickly in these cases could result in a dismissed claim.
Why the Statute of Limitations Matters
Filing within the statute of limitations is vital because courts are generally unwilling to hear the case once the deadline passes. This legal cut-off ensures that the concerned individuals bring lawsuits forward while evidence remains intact and witnesses can recall the events. However, exclusions to the statute of limitations can provide additional time to file a lawsuit, offering a second chance for those who may have initially missed the deadline.
It’s also essential to remember that insurance companies are aware of these timelines and often use them as a strategy during negotiations. They may delay settling claims or deny responsibility as the deadline approaches, knowing that the victim may lose the right to file a lawsuit if the clock runs out. For this reason, it’s critical to understand your state’s laws and any potential exceptions.
In conclusion, the statute of limitations in a car accident case is pivotal to determining your ability to file a claim. While most people focus on the standard timeframe, multiple exceptions could impact your case.