Our San Diego Car Accident Lawyer Can File Your Lawsuit Within California's Statute of Limitations to Protect Your Right to Compensation for Your Injuries
If another driver’s recklessness or negligence caused your injuries in a car accident in San Diego, you may be eligible for a lawsuit to pursue the compensation you deserve for your injuries. However, you must file your suit before California’s deadline for personal injury lawsuits, also known as the statute of limitations for personal injury cases. Missing this deadline could leave you with no recourse to pursue compensation.
Our experienced San Diego car accident lawyer at The Law Offices of Mark C. Blane, APC, understands how crucial it is to comply with the statute of limitations and will be certain they file your lawsuit before the deadline approaches. Attorney Mark Blane will also advocate for your right to a fair settlement and has strategies to defeat the insurance company's attempts to dispute your claim or get you to accept less money than you're entitled to in your settlement.
What Is the Statute of Limitations to Sue in Car Accident in San Diago?
If you are filing a claim for compensation with the negligent driver's insurance company, you must understand the deadline for filing a lawsuit if you cannot reach an out-of-court settlement with them. Under California statute of limitations laws, the time period to sue is different depending on whether you are suing to seek compensation for your personal injuries, property damages, or the wrongful death of a family member. Here are the deadlines you must meet:
- Personal injuries. You have two years from the date of the auto collision to file your lawsuit for any injuries suffered.
- Property damages. You must sue the negligent driver within three years of the date of the crash for any damage to your car or other property.
- Wrongful death. You must file a wrongful death complaint within two years of the date of your family member's death (this may be different from the date of the accident).
Exceptions to California's Statute of Limitations Laws
California's statute of limitation laws are complicated, and an exception to the statute of limitations could give you additional time to file or shorten the time you have to pursue your claim. Here are exceptions that could apply to your case:
- Municipalities. If a road defect caused your car accident, you may need to file a claim against a state or local municipality. You only have six months from the date of the collision to file your claim with a governmental agency.
- Minors. If you are under 18 years old, you have longer to file your lawsuit. The deadline to sue doesn't start running until your 18th birthday, and you have two years from your birthday to sue.
- Mental incapacity. If you lack the mental capacity to pursue your claim, the statute of limitations would not begin until you regain your mental capacity under California law.
- Discovery of your claim. If you do not discover your injury or that an additional party is liable to compensate you right away, you would have two years from the date of the discovery of your injury or right to compensation to litigate your claim.
What Happens If You Miss California's Deadline to Sue?
One of the biggest mistakes you can make is not filing your lawsuit within the statute of limitations. If you file your complaint after the deadline expires, the judge will dismiss your case, and you will forfeit your right to sue the at-fault driver. In addition, their insurance company would have no incentive to settle your claim because they know you cannot sue their insured.
Reasons You Should Not Delay Pursuing Your San Diego Car Accident Claim for Compensation
Even if your auto collision occurred recently, you should not delay pursuing your claim for damages. You should retain our car accident lawyer at the Law Offices of Mark C. Blane, APC, as soon as possible after the crash. Here are a few reasons it is vital to get experienced help from an attorney:
- An attorney can help gather evidence. Crucial evidence, such as the other vehicle's black box data or surveillance footage from traffic or security cameras, could be lost if you do not hire an attorney to retrieve it quickly.
- Your attorney can take statements from eyewitnesses. Witnesses who saw your car accident can corroborate how the other driver caused it. However, you may lose contact with them, or their memories could fade if your lawyer doesn't obtain their written statements soon after the collision.
- An attorney can help prevent and handle all disputes. If you delay filing your claim, you are much more likely to have disputes with the insurance company about the cause of the crash and your injuries. An attorney can help you avoid problems and negotiate disputes on your behalf.
- An attorney can help you reach a quicker settlement. You are more likely to reach a settlement of your claim faster and get your check sooner if you retain our legal team immediately after your car accident.
Don’t wait to take action – contact our team today to get started on your case and avoid running up to the end of the statute of limitations.
