After a car accident, many people focus first on medical care, insurance issues, and repairing their vehicles. They may not want to think about legal filing deadlines. However, state law sets time limits for filing injury claims, and understanding the San Diego car accident statute of limitations can be important when considering whether to pursue legal action.
In California, most personal injury claims arising from car accidents must be filed within a specific time period. Missing this deadline may affect a person’s ability to bring a lawsuit in court. When you speak with our car crash attorneys at CaseyGerry, we can review the circumstances of the accident and explain how these deadlines may apply to your situation.
State law establishes time limits that apply to different types of legal claims. In many San Diego car crash cases, the statute of limitations is two years from the date of the accident. Under California Code of Civil Procedure § 335.1, an injured person generally must file a claim within this period.
If they fail to file before the deadline, courts may dismiss the claim regardless of the underlying facts. Because of this, understanding when the legal clock begins is an important part of evaluating a case.
The period for filing a claim generally begins on the date of the collision. However, certain circumstances may affect how the statute of limitations is calculated.
While the general rule provides a two-year filing period, some situations involve different timelines. In certain cases, the circumstances surrounding the San Diego car crash or the parties involved may affect how the statute of limitations is applied.
One example is an accident involving a government vehicle or a public agency. If a city bus, government employee, or public vehicle was involved in the crash, the claim may fall under California’s Government Claims Act. In those situations, you generally must submit a formal notice of claim to the government entity within six months of the incident. This step typically occurs before you file a lawsuit in court.
Another situation may arise when an accident victim does not discover their injuries immediately. Some accident-related conditions, such as certain spinal injuries or internal trauma, may not become fully apparent right away. In these cases, courts sometimes examine when the injury was discovered or when it reasonably should have been discovered to determine how the filing deadline applies.
Claims involving minors may also follow different rules. When a child is injured in a car accident, state law may allow additional time before the statute of limitations begins running. These cases often involve careful review of both the accident timeline and the injured person’s age at the time of the crash.
The statute of limitations functions as a legal filing deadline. If you file a San Diego car collision lawsuit after the time period expires, courts will usually dismiss the case. This means a person may lose the ability to pursue a claim through the court system even if the accident caused serious injuries.
These legal time limits are also well known to insurance companies reviewing claims.
Legal deadlines can play a significant role in how accident claims proceed. Our attorneys regularly analyze accident claims and their legal timelines. If you have questions about the San Diego car accident statute of limitations, contact CaseyGerry to schedule a consultation and learn more about your legal options.
