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How Long After a Car Accident Can You Sue?

After a car accident, many people wonder how long they have to file a lawsuit. The answer depends on state laws, the severity of injuries, and other legal factors. In most states, the statute of limitations for car accident claims ranges from one to two years, but exceptions exist. Delays in discovering injuries, government involvement, or cases involving minors can extend deadlines. This guide breaks down key deadlines, exceptions, and what to do if you miss the filing window. Learn more about our Philadelphia Car Accident lawyer here.

How Long Do You Have to Sue After a Car Accident?

The time frame to file a lawsuit after a car accident, known as the statute of limitations, varies by state. Typically, this period ranges from one to 2 years. For instance, in Pennsylvania,California and Texas, you have two years to file a personal injury claim; in New York, the limit is three years.

State-Specific Statutes of Limitations:

State	Statute of Limitations
Pennsylvania	2 years
California	2 years
Texas	2 years
New York	3 years
Florida	2 years
Illinois	2 years

These time limits are crucial; missing them can forfeit your right to legal recourse. However, certain exceptions can extend or pause these deadlines. The “discovery rule” applies when injuries from the accident aren’t immediately apparent. In such cases, the statute of limitations may begin when you discover or reasonably should have discovered, the injury.

For minors involved in car accidents, the statute of limitations often doesn’t start until they reach the age of majority, typically 18 years old. This means they may have additional time to file a lawsuit after becoming adults.

Claims involving government entities usually have shorter filing periods and specific procedures. For example, in California, if your accident involved a government vehicle or employee, you must file a formal claim with the appropriate government agency within six months of the incident. Failing to adhere to these strict guidelines can result in losing the right to pursue compensation.

What Happens if You Miss the Deadline?

If you file after the deadline, the court will likely dismiss your case, leaving you without legal recourse for compensation.

However, certain exceptions may extend or “toll” the statute of limitations. For instance, if the defendant leaves the state or cannot be located, the clock may pause until they return or are found.

Additionally, if you were a minor at the time of the accident, many states allow the statute of limitations to start when you turn 18.

Fraudulent concealment by the defendant can also toll the statute, delaying the start of the limitations period.

When Should You Consider Suing for a Car Accident?

After a car accident, consider filing a lawsuit under several circumstances.

 

Serious Injuries Requiring Medical Treatment

If you suffered injuries that required emergency care, hospitalization, surgery, or long-term treatment, a lawsuit may help cover medical expenses. Some injuries, such as traumatic brain injuries or spinal damage, may lead to lifelong medical costs. 

Significant Financial Losses  

If the accident caused high medical expenses, rehabilitation costs, or lost wages due to missed work, legal action can help recover these losses. Some victims also lose future earning capacity if injuries prevent them from returning to work.

Wrongful Death of a Loved One

If a car accident results in a fatality, the victim’s family may sue for funeral costs, lost financial support, and emotional suffering. Wrongful death claims often apply when negligence, reckless driving, or DUI caused the accident.

Insurance Claim Denial

Legal action may be necessary if the insurance company refuses to pay a valid claim, delays payments, or offers unfair compensation. Insurers are legally required to act in good faith and honor legitimate claims.

Factors That Affect How Long You Have to Sue

Several factors influence the timeframe within which you can file a lawsuit after a car accident:

State Laws

Each state sets its statute of limitations for car accident claims, typically one to six years. For instance, in California and Texas, you have two years to file a personal injury lawsuit; in New York, the limit is three years.

Injury Discovery Delay 

Some injuries may not become apparent immediately after an accident. In such cases, the “discovery rule” may apply, allowing the statute of limitations to start when the injury is discovered or reasonably should have been discovered.

Government Involvement

If your claim involves a government entity, special rules often apply. Typically, you must file a formal claim with the appropriate agency within a shorter period, such as six months. Missing this deadline can forfeit your right to pursue compensation.

Comparative Negligence Laws 

States have varying laws on comparative negligence, affecting your ability to sue and the compensation you may receive. In some states, if you are found partially at fault for the accident, your compensation may be reduced proportionally. In others, being more than 50% at fault may bar you from recovering any damages. 

 

FAQs

How long does an insurance company have to settle a claim?

The time frame for an insurance company to settle a claim varies by state and the case’s complexity. Typically, it ranges from 30 to 90 days. Consult your state’s insurance regulations for specific timelines.

What should I do immediately after a car accident?

After ensuring safety and seeking medical attention, document the accident scene, gather contact information from all involved parties and witnesses, and notify your insurance company promptly.

Do I need to call the police after a car accident?

In many states, you’re required to report accidents that result in injuries or significant property damage. Even if not mandated, having a police report can benefit insurance claims and potential lawsuits. 

Can I still sue if I was partially at fault?

Yes, you can sue in many states, even if you were partially at fault. However, your compensation may be reduced based on your degree of fault.

What if the other driver was uninsured?

If the other driver lacks insurance, you can sue them directly. Alternatively, you can file a claim with your insurer if you have uninsured motorist coverage.

Understanding car accident Claim Deadlines

Filing a lawsuit after a car accident requires timely action to protect your legal rights. Each state enforces strict deadlines, and missing them can end your ability to seek compensation. However, exceptions exist, especially for hidden injuries, minors, or absent defendants. If you’ve suffered serious injuries, financial losses, or insurance disputes, consulting a legal expert early can help determine your best course of action. The sooner you act, the better your chances of building a strong claim.

 

Munley Law® GMB – Profile

Munley Law® Personal Injury Attorneys is a Pennsylvania law firm with over 60 years of experience helping families in car accident and personal injury cases. 

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This Blog was brought to you by the J.A. Davis & Associates, LLP – McAllen Accident Injury Attorneys principle office in San Antonio

Have been in an Accident – Get a Good Attorney

For people who are injured in an accident, it is sad that most of them do not know that they can make claims on their injuries. Car accidents, medical mess ups and the like happen day to day. Do consider getting the help of a personal injury attorney if you were injured. personal injury lawyers. More Information here

There are injury lawyers all around the area. You just need proper research, recommendation, and consultation in order to find the most reliable attorney for the job. If you need to find injury lawyers in your area, visit websites that can be trusted. If you will be using referrals from your family and friends, it is important that you verify your sources are legitimate.

A reputable practice is important when it comes to personal injury attorneys. The primary objective for the attorney working on personal injury claims is to see to it that their clients get compensation for any financial or medical issues resulting from an accident. They represent clients in court and acquire compensation for them by providing the legal assistance they deserve.

You can find many personal injury lawyers, but keep in mind that searching for one you are comfortable with is that first step to getting restitution for the injuries you or your loved ones suffered. When you choose a law firm, make certain they have emergency contact information and round-the-clock legal assistance available to their clients. This way, it gives you the assurance that you will be able to reach them at any time.

Aside from well-experienced attorneys in prominent law firms, they are crisis centers for injury victims who need further assistance. Aside from legal assistance, you can expect psychological help to be provided as well. You may also need the help of law enforcement agencies and insurance companies.

Highly skilled personal injury lawyers always fight for the benefits their clients deserve. It is vital that a personal injury lawyer be hired if you are injured. You may also need assistance with bill collectors as a result of your injury.

Since you already have a lot on your mind, personal injury lawyers make things easier to deal with as they work in the negotiations of your case. It is the job of a lawyer to get you the compensation that you are entitled to when you are injured in an accident. When you contact a law firm, make sure that a lawyer contacts you within 24 hours.
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Law firms have different kinds of attorneys when it comes to personal injury cases. There are other situations aside from car accidents that count as personal injury cases. Here, all kinds of cases from worker’s compensation, medical neglect and abuse, and franchise problems to wrongful death and mismanaged worker’s compensation are part of the mix.

Remember, personal injury damages affect both locals and tourists alike. In order to get the right compensation if you are injured in an accident, you have to work with a personal injury attorney who is competent and highly experienced in the field

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