If you have been injured in a car accident, your next step after treatment is to file a personal injury claim for compensation. However, most victims forget that when it comes to filing a personal injury claim, time is of the essence. For example, in California, anyone seeking to file a personal injury claim has to do it within two years from the date of the cause of action. Suppose you are involved in a car accident, reach out to our personal injury attorney Newport Beach for guidance on the provisions of the statute of limitation and the exemptions that might be available for you.
The aftermath of a car accident can be confusing for you, whereby you try to figure out between taking care of your injuries on one hand and seeking compensation on the other. Depending on the injuries suffered, you might be home or hospital-bound for some time, and during such difficult times, the best thing to do is to focus on the healing process. The more you stay out of employment or your income-generating activity, the more your medical and personal bills might pile up. Remember, there are some instances where your recovery process might take longer than expected. Due to your financial situation, you might have second thoughts about contacting an attorney.
The more time you take in filing your claim, the lesser your statutory period gets. Here is what you should know about the statutes of limitations in California, as explained by our ridesharing accident attorneys Newport Beach.
Statutes of limitations are recognized worldwide by civil and criminal law systems as legislation that provides for the maximum time upon which a claim can be filed from the date of the cause of action. Therefore, the statute of limitations in California is the law that provides the maximum period upon which an aggrieved party can file a claim. Compliance with the statute of limitation in personal injury claims is mandatory.
Working closely with a personal injury lawyer is one way you can stay informed on the exact time applicable to your case, depending on the available circumstances.
The statutory limitation period in car accident injury claims in California is two years from when the accident occurred. That means you have to file your claim for compensation within two years from the day the accident happened.
The days following an accident are very hectic, as you are dealing with medical bills, insurance professionals, and the fact your car may never run again.
You might not think you have necessarily sustained injuries in the collision, but in the event you are injured in a car crash, Uber accident, or pedestrian accident ensure you talk to an attorney. Our Uber and Lyft accident attorneys are well-versed with the various provisions on personal injury claims and the statute of limitations and will be able to advise further on the various exemptions.
Where the injured party is a minor, such a person will have to wait until they attain the age of eighteen to file a claim. The time for the cause of action will start running from the 18th birthday, and the victim can institute a claim from such date. If you have a minor who is a victim of a car accident, our bodily injury lawyers can help advice on the way forward and, in particular, how to keep records of time to avoid being caught up with time.
Late of the discovery of an injury
Some accident victims don’t realize the accident’s impact until several days or weeks after the accident. Internal injuries might take time to detect; therefore, victims can bring a suit pointing towards the date of the discovery of the injury as the cause of action. Attributing such injuries to the accident can be challenging, and for this reason, a competent accident attorney can help review your case and advise accordingly.
Date of death
Some severe injuries might result in death later on. Some injuries might throw your loved one into a coma that might last even for a year and eventually lead to death.
Survivors of the deceased are allowed to file a wrongful death claim citing the date of death as the cause of action, thus maneuvering around the initial statute of limitations. Our legal professionals understand how traumatizing handling a wrongful death claim stemming from a car accident can be. The only form of relief you can find to make future days bearable is compensation, and this can be used to pay for funeral expenses, medical bills, and grief therapy. It’s not uncommon for loved ones to suffer financially if they were dependent on the income of the deceased. Therefore, you need to hire a dedicated team that will ensure the required legal timelines are met without fail.
A car accident does not necessarily result in personal injuries necessarily. In some instances, the damages sustained might be material. Unlike other states where every individual is responsible for the damages occasioned to their car, California is not a “no-fault” state, therefore as the owner of a car, you can launch a material damage claim against the negligent party’s insurer. Where the damages exceed what the insurance company can compensate, you can proceed and launch a material damage suit and seek compensation from the negligent party through the court process.For material damage claims, you have three years from the accident’s date to launch your claim.
Where a victim sustains severe injuries, the resulting repercussions might not be apparent. The estimation by a physician that you will only use a wheelchair for a year might not be accurate. Therefore, you don’t have to wait until the grievous injuries resulting in future losses to heal so that you can ascertain how far your loss is. By waiting, your risk being time-barred, subsequently leading to the dismissal of your claim.
The law allows for compensation for future losses, and this can be listed as one of the damages sought in your claim. Our traffic accident lawyers understand the long term effects of some injuries. Therefore working with our legal professionals is one way to ensure that all your claims are handled in a professional and personalized manner.