Life in Sacramento is fast and busy. If you get injured in a car accident, things get even busier. There are doctor visits, physical therapy appointments, and everyday life logistics to arrange. You may have to take time off work or make special arrangement to care for your family. It’s easy to put things off, but in the case of pursuing a lawsuit after your accident, you can’t put things off forever.
What is a statute of limitations?
A statute of limitations is a law passed by a state or federal legislative body. It sets a maximum amount of time that can pass before you are no longer allowed to bring a legal case against someone. Statutes of limitation apply to certain crimes and to nearly all civil cases.
Once the statute of limitations is over, you are not allowed to bring a claim. Each state decides their own statute of limitations, and the purpose of these laws is to encourage a plaintiff to be proactive about bringing a case and to acknowledge that, once enough time has passed, it might be impossible to find the necessary evidence.
There are certain crimes that have no statute of limitations. These are usually what are considered heinous crimes, such as murder and certain types of sexual assault. Each state has its own set of laws for civil and criminal issues.
What is the rule in California for car accident lawsuits?
The California Code of Civil Procedure has set a two-year limit for bringing a personal injury lawsuit against someone else, either for a wrongful act or for negligence. Car accident lawsuits fall into this category.
What about lawsuits for property damage?
If you are suing only for damage to a vehicle or to your property and not for personal injury, you have three years to bring your suit. Even in this case, three years can pass more quickly than you would expect, so it is crucial to talk to your Sacramento car accident lawyers as soon as possible.
When does the countdown start?
It all depends on what you are suing for. In the case of injury, you have two years from the date of the accident to bring a lawsuit. In the case of a property damage, you have three years from the date of the accident.
If you are suing for wrongful death because someone died as a result of another’s negligence in causing a car accident, you have two years to bring a lawsuit. However, in this case, the two years starts from the day of the person’s death, not the day of the accident.
Are there any exceptions to
There are a few exceptions. For example, if you were out of state for a time, that time may not count against your limit unless you regularly engage in interstate commerce or were a nonresident motorist at the time of the accident. If you were a minor at the time of the accident, the statute of limitations doesn’t begin counting down until you turn 18 or are emancipated.
However, it is is never smart to count on getting an exception. Your exception might not be granted by the court, but that is just one possible issue with waiting. The reality is that it takes time and effort to prepare a court case, and you want to contact a lawyer while you have enough time left for them to prepare a good case on your behalf.
The statute of limitations applies in most personal injury cases, so if you’ve been hurt, be sure to get legal help right away. Don’t put off getting the compensation you need to get your life back.