Deadlines for Filing Car Accident Lawsuits in California:
Shock, anxiety, depression, anger—if you’ve ever been in a car accident, you probably felt some combination of these emotions. It’s not easy to remain calm and think clearly after a collision. Your statements and actions at the scene and over the weeks that follow will have a major impact on the outcome of your personal injury claim.
Although your top priority after any crash is to seek medical care, you should also take steps to protect your financial interests. Take photos of the scene and record eyewitnesses’ contact details. Most important step is that you initiate the claims process as soon as possible.
Read on to learn about critical deadlines for filing car accident claims in California:
Your Insurance Company Might Have Specific Deadlines for Reporting Accidents
Most insurance companies require policyholders to file claims within a specified time-frame. This deadline can vary from one insurer to the next, but it should be noted in your policy. It is best practice to report your accident as soon as possible. This helps the insurance company to launch an investigation while essential evidence is still available. It is also important to contact a personal injury attorney first.
Claims adjusters have incentive to find reasons to undervalue or deny claims. They are not above using unethical tactics to reduce their liability. It is not uncommon for insurance companies to take advantage of claimants’ vulnerability.They coerce them into accepting low settlements or make recorded statements and use against them. A seasoned car accident lawyer is familiar with these tactics and makes sure you are treated fairly throughout the proceedings.
Deadlines for Filing Car Accident Lawsuits in California
Apart from Insurance company’s deadlines, it is also important to know the statute of limitations for car accident lawsuits. In the state of California, the deadline for filing these lawsuits is usually 2 years from the date of the crash. If a member of your family died in a collision, you most likely have two years from the date of death to file a wrongful death lawsuit. For tort lawsuits arising from property damage, the statute of limitations is usually three years.
The deadlines are different if you sue a government entity. You are required to file an administrative claim within six months of the accident. The government then has 45 days to respond. If your claim is denied, you can file a lawsuit in court. You only have six months to file this lawsuit if you receive a rejection letter; otherwise, you have two years from the date the cause of action accrued to file suit.
Under certain circumstances, the statute of limitations may be tolled, or postponed. This happens if :
- The injured party is a minor
- The defendant filed for bankruptcy (putting an automatic stay on other legal proceedings)
- The injured party was not mentally competent when the accident occurred
A Seasoned Lawyer Can Help You Meet All Relevant Deadlines
The best way to avoid critical mistakes after a car accident is to seek help of Personal Injury Attorney. This saves you from missing important deadlines or making statements that jeopardize your case.Having a seasoned legal ally by your side make the legal proceedings far easier to navigate. It will also reduce the stress of the claims process on you and your family.
Visit https://lainjury.wpengine.com/ to speak to our Seasoned Personal Injury Attorneys.