How long do I have to file a car accident lawsuit?
Whether you have suffered physically or emotionally, any injury that you suffered requires justice to be served. File a car accident lawsuit to recover your damages.
Injuries take time to appear and to heal. Many car accident victims aren’t prepared to file a lawsuit immediately after the accident, especially if they don’t even realize they’re injured yet. That’s why it’s important to know the statute of limitations in your state. You don’t want to risk losing your chance to file a lawsuit for damages due to an administrative error.
Work with a car accident lawyer as soon as possible after you decide to file a claim for damages. We can provide more assistance and build a stronger case the earlier we are brought in. Call us today to discuss your case for free at (561) 621-4200.
Statute of Limitations
A statute of limitations is a law that determines the amount of time parties have to file a lawsuit. This time limit begins at the moment when the alleged offense occurred, such as the date of the car accident.
Statutes are affected by the type of crime, the state legislature, and extenuating circumstances.
For example, a car accident and a murder case would have different statutes of limitations.
If you do not file before the statute of limitations expires, you forfeit your right to have your case heard in court, in most cases. However, some extenuating circumstances may allow you to file your case at a later date. You would need to discuss your case with an attorney to determine if it was able to be filed after the statute of limitations.
How long do I have to file a car accident lawsuit?
The statute of limitations varies from state to state.
Most states, such as Florida and California, require that car accident lawsuits be filed within two years of the date of the accident.
However, even in these locations, there are factors that affect how long you have to file your car accident lawsuit.
The type of claim you are making will alter this date. Property damage and personal injury claims often have different statutes of limitations, with property damage having a longer window for filing.
Government entities require a shorter statute of limitations. You will often have to file your claim within six months of the accident if a poorly designed or maintained roadway caused your accident.
Wrongful death lawsuits must be filed within one to two years, depending on your state. If you live in Florida, you have two years from the date of your loved one’s death to file a wrongful death claim. In this case, the clock starts at the deceased’s death rather than the negligent action that caused it, as individuals may be ill for some time before their passing.
When to File a Car Accident Lawsuit
If you have been injured in a car accident, filing a lawsuit might be the last thing on your mind. Your first thoughts will be about your injuries, the damage to your vehicle, and the safety of others around you. You may not even be able to think with the adrenaline rushing through you.
That’s why so many people accidentally waive their right to damages by allowing the statute of limitations to lapse. They either forget to file, struggle to build the case themselves, or are unaware that they can sue.
This is why it’s important to speak to an attorney as soon as possible. You should also begin collecting evidence at the scene of the accident, such as witness statements and photographic proof of damages. Continuing to find appropriate evidence and maintaining documentation will ensure that you do not forget to file.
An experienced car accident attorney will free up your time to focus on healing and getting your life back. Allow us to do the heavy lifting on the lawsuit so you can recover.
Why You Should File a Car Accident Lawsuit
Many of our clients worry about filing a car accident lawsuit because they think it’s rude or greedy. It is not rude to hold someone accountable for their actions. It is not greedy to have an at-fault driver’s insurance company pay for their treatment.
There are many reasons to file a car accident lawsuit. Ask yourself the following questions to determine if it is the right choice for you:
- Have you suffered serious injuries?
- Was the other driver at fault?
- Did you suffer property damage?
- Did a loved one die due to the accident?
- Was the other driver criminally negligent, such as driving under the influence?
- Has the accident impacted your quality of life?
If you answered yes to any of the above, contact a car accident attorney today to begin filing your claim. A skilled car accident attorney at our firm can help you recover the financial damages you’ve lost and get you compensation for the emotional trauma you have endured.
Call us today at (561) 621-4200 to schedule a free consultation.
Get in touch
Call us or fill out one of our web forms to speak with a West Palm Beach auto accident lawyer to get help filing your claim to get the money you’re owed.
515 N Flagler Dr, Suite 1150
West Palm Beach, FL 33401