If you are injured in an accident, you will need to understand the statute of limitations to ensure that you are able to file a claim and receive the compensation that you deserve. In California, the law limits how long you can wait to file a suit after an accident. Every accident will have a specific date that acts as the cut off for when a case must be settled, or a lawsuit must be filed. It is essential that you consult an experienced personal injury attorney at The Law Office of Shawn Athari to understand your rights and know your statute date.

How long is the statute of limitations in California?

After an accident, you are entitled to compensation for your injuries and damages. The last thing you want is to miss out on your ability to file your claim and receive the compensation that you deserve. In California, the statute of limitations can vary based on the type of claim you have. Don’t hesitate to reach out to an attorney who can guide you through the process and help you understand your case’s limitations.

With most cases, the two considerations involved in determining the statute of limitations are the type of accident and the defendant:

STANDARD MOTOR VEHICLE ACCIDENTS

For the most party, motor vehicle accidents have a statute of limitations of two years from the date of the accident. That means that if you were injured in an automobile accident on January 1, 2020, you would have until January 1, 2022, to either settle your claim or file a lawsuit. Again, this does not apply to every situation as different entities could have different time limits. Therefore, it is of utmost importance to consult with an experienced attorney to verify what your cutoff date or statute of limitations would be.

MINORS

If you are a minor when you are injured in a vehicle accident, your statute of limitations is not until two years after you turn 18. Therefore, if you are injured when you are 16, you will have until your 20th birthday to settle your claim or file your lawsuit in order to receive compensation. It’s important to note that if a government entity is involved in your case, you will not receive the extension. Again, it is of utmost importance to consult with an experienced attorney to verify what your cutoff date or statute of limitations would be.

Navigating the various laws surrounding personal injuries and vehicle accidents can be overwhelming, but you don’t have to figure it out on your own.

GOVERNMENT TORT CLAIMS

Government entities are probably the most confusing when determining your statute of limitations. The statute of limitations can differ based on the entity. However, if the accident was caused by a government employee or someone that was driving a government vehicle, in most instances, you will only have six months to file your claim, which is known as a government tort claim.

If your claim is found to be insufficient by the government entity that is investigating, your rights to receive compensation for your injury could be dissolved after six months. Once you file your claim, the government entity has a certain time period to determine whether to pay you compensation or not. If they don’t pay you, they will send you a letter that informs you of your claim denial. From the date of your denial, you generally will only have six months to file a lawsuit. If your lawsuit is not filed within six months, you will not be able to file a claim to receive compensation. In the rare circumstance that the government entity does not send you a letter denying your claim, you will have two years to file your lawsuit.

Government claims can be extremely confusing, that is why it’s important to contact a personal injury attorney at The Law Office of Shawn Athari to receive guidance, knowledge, and the help you need to ensure you receive the compensation that you deserve.