How Long Do I Have To Sue For My Car Accident Injuries?

After a car crash, your primary focus should be on your health and getting treatment for any injuries. Once you seek medical attention, you may face mounting medical expenses. You can file a car accident claim with the at-fault party’s insurance company to pay your medical bills.

Dealing with an insurance claim or legal action is difficult when recovering from car accident injuries. However, you can’t delay since there are strict time limits to get compensation. For help in the process, contact a local car accident attorney for legal advice.

What Is the Statute of Limitations?

A statute of limitations is the amount of time that car accident victims have to file suit and seek compensation. If you miss the deadline, you can’t sue. Statutes of limitations apply to car accident lawsuits; deadlines to file a claim with your insurance company will differ.

Auto accident injuries do not always present themselves right away. Do not wait to get checked out, even if you only feel a slight pain or are sore. Minor issues can develop into serious injuries later on. Plus, the longer you wait to seek treatment, the harder it becomes to connect the injury to your accident. Car insurance companies consider timing for medical attention when making a settlement offer. Waiting to seek treatment could prevent you from seeking money for your injuries.

Do not wait until you have completed treatment or are fully healed to file your claim with the insurance company or a personal injury lawsuit. This could be longer than the insurance claim filing deadline or the statute of limitations.

What Is the Statute of Limitations for a Car Accident?

States outline their statute of limitations for different types of claims. The limit for personal injury claims ranges from one year to six years. However, car accidents often result in two kinds of loss: Physical injuries and property damage. The statute of limitations for property damage can be different from the personal injury limit.

“In Virginia, for example, the statute of limitations is two years from the date of the accident,” says Amy Bradley, a personal injury lawyer at Blankingship & Keith in Fairfax, Virginia. “If it’s an automobile crash or most personal injury cases, there’s no workaround.”

For most states, the statute of limitations timeline begins on the date of the accident. The law sometimes states that the time limit begins on the date of the injury or when you should have known about the injury. For car accidents, this is generally the accident date.

Exceptions to Car Accident Statute of Limitations

Many states have various exceptions to the statute of limitations. Because minors cannot bring a lawsuit, the time limit for injured minors begins when they reach a certain age. In most states, this clock begins to run when the injured minor turns 18 years old.

Some states toll the statute of limitations when the at-fault party leaves the state. This prevents people from avoiding liability by immediately leaving the state after causing an accident. Other common tolls to the statute of limitations timeframe include when the person is incapacitated or imprisoned. When the injured party cannot participate in the legal process, the statute of limitations pauses until they can participate.

Another common exception is a wrongful death claim. If a loved one dies as a result of a car accident, the statute of limitations countdown doesn’t start until the date of the individual’s death. Some states also have a longer statute of limitations for these claims. This allows family members to file a wrongful death lawsuit to get compensation.

State-by-State Time Limit for Filing a Car Accident Injury Claim

The following is a summary of the statute of limitations for car accident claims by state. There are exceptions and special circumstances that may apply in each state. Some states provide additional time for minor injury victims, fatal accidents, and hit-and-run accidents. Talk to a local car accident lawyer to find out how long you have to file a car accident claim.

How Long After a Car Accident Can You File an Insurance Claim?

Filing an insurance claim is different from filing a personal injury lawsuit. An insurance claim is made directly with the insurance company with which the at-fault driver has their insurance policy. States require insurance companies to research and resolve submitted claims in a timely manner. However, this can take days, weeks, or even months. The length of time it takes will depend on the severity and complexity of the car crash.

Some states have a time limit for how long you have to file a claim for benefits with your insurance company. The insurance company also has deadlines for when you must file a claim after a car accident.

Michigan has a strict one-year time limit for notifying your own insurance company to be eligible for benefits. New York requires injured accident victims to notify the at-fault driver’s insurance company within 30 days.

The insurance company will provide a settlement offer for your personal injury claim. You can accept, reject, or counteroffer. If you come to a settlement agreement with the insurance company, you will not file a lawsuit because this is your injury compensation. If you cannot come to a settlement agreement, you can file a personal injury lawsuit with the civil court where the accident occurred.

How Do I Ensure I Don’t Miss the Deadline to Sue After a Car Accident?

Speaking with a personal injury attorney as soon as possible is the best way to ensure you do not miss the filing deadline in your state. You can learn about your legal options and decide whether to proceed with a lawsuit. An experienced attorney will be able to discuss what your claim is worth and a potential settlement amount.

When injured accident victims wait to speak to a lawyer, they risk losing their legal rights. Your lawyer will communicate with the auto insurance company on your behalf. Early representation gives them more time to gather supporting evidence and negotiate a settlement offer.

Bradley explains that some states allow you to file without immediately moving ahead with the lawsuit. “One nice thing about Virginia is that you can file a lawsuit and not serve it right away. I’m licensed in a couple of other states and some of the other states make you serve it immediately. It’s a little different in Virginia, where you have one year to serve the other party. You can use this as a method of tolling and give yourself a bit more time.”

Tolling agreements are also used to waive the statute of limitations for car accidents. Your car accident attorney will ask the insurance company to agree to a tolling agreement to protect your right to pursue legal action later.

Typically, your lawyer makes these agreements when negotiations for a fair settlement go well. It reduces the cost of personal injury cases for the insurance company by avoiding trial. It also helps the accident victim get compensation quicker. With a settlement, they don’t have to go through the entire court process of suing the insurance company.

What Happens if I’m Too Late to File a Car Accident Lawsuit?

If you fail to file your personal injury lawsuit before the statute of limitations, you forfeit your ability to recover. You can technically still file your lawsuit. However, the insurance company will ask the court to dismiss the case because it is past the statute of limitations.

Find an Experienced Car Accident Lawyer

Experiencing a car accident is upsetting and traumatic. After getting treatment for your injuries, your next step is to file a claim for compensation for your injuries and damages.

You have a limited amount of time to file your personal injury lawsuit. Speak with a lawyer with experience handling car accident cases who can give you a free case evaluation.

Visit the Super Lawyers directory to begin your search for an experienced personal injury lawyer.