How Long After Car Accident Can You Claim Injury In California
It’s unfortunate that California consistently ranks among the states with the highest accident rates—nearly 200,000 automobile accidents result in injuries each year.
Adding to this grim reality, more than 3,000 of these accidents result in fatalities annually, accounting for approximately 10% of all fatal motor vehicle accidents in the United States. In 2019, California reported a motor vehicle fatality rate of 5.3 deaths per 100,000 people, which is higher than the national average of 4.4.
Given these sobering statistics, it’s clear that understanding the aftermath of a car accident is something that shouldn’t be overlooked. Many people who are involved in one sometimes find themselves asking, how long after car accident can you claim injury?
How Long Do Most Car Accident Settlements Take?
Settling a car accident claim in California can take some time, with the timeline varying based on several factors like how complicated the case is, how severe the injuries are, and how the insurance company handles negotiations.
But to help you speed up the process, here are some important steps you can take:
- Seek medical attention promptly and follow your doctor’s treatment plan
- Document all expenses related to the accident, including medical bills and lost wages
- Cooperate with your insurance company and provide all necessary information
- Consider hiring a personal injury attorney to handle negotiations and legal proceedings
What Is The Limitation Period For A Personal Injury Claim?
In California, the statute of limitations for personal injury claims arising from a car accident is generally two years from the date of the accident. This means that you have two years to file a lawsuit against the at-fault party.
However, there are some exceptions to this rule:
- If the accident resulted in a death, the two-year period starts from the date of death, which may be different from the accident date.
- If the injured person was a minor at the time of the accident, the two-year period doesn’t start until they turn 18.
- If the injured person was mentally incapacitated at the time of the accident, the two-year period may be tolled (paused) until they regain mental capacity.
Can I Make A Claim After 5 Years?
It is generally very difficult to make a personal injury claim after five years have passed since the car accident. The statute of limitations is a strict deadline, and courts are unlikely to accept a claim filed after this time period has elapsed.
There may be rare exceptions where a claim could be filed after five years, such as if the injured person was mentally incapacitated or if the at-fault party fraudulently concealed information about the accident.
However, these situations are uncommon, and it’s best to file a claim within the standard two-year limitation period.
Can You Claim For The Same Injury Twice?
In most cases, you cannot claim for the same injury twice. Settlements and judgments typically include clauses preventing “double recovery.”
If new injuries or complications arise later and are directly related to the original incident, you might be able to file a separate claim. However, modifications to existing settlements are generally difficult and have specific legal requirements.
Is It Ever Too Late To Make A Claim?
Yes, it can definitely be too late to file a personal injury claim after a car accident in California. If the statute of limitations has expired, the court will likely dismiss your case unless you can prove an exception, such as mental incapacity or discovering a previously unknown injury.
Add to that, waiting to file a claim can also lead to several issues beyond just missing the legal deadline:
- Evidence May Disappear
- Physical evidence from the accident scene might be cleaned up or removed.
- Surveillance footage could be overwritten or deleted.
- Witnesses’ memories can fade over time, making their testimonies less reliable.
- This loss of evidence can significantly weaken your case, reducing your chances of receiving fair compensation.
- Injuries May Escalate
- Injuries from car accidents can take days or even weeks to fully manifest.
- What might seem like a minor issue initially could develop into a severe problem later.
- Delaying medical evaluation and filing your claim can lead insurance companies to question the legitimacy and severity of your injuries, potentially resulting in reduced compensation.
- Insurance Coverage Complications
- Insurance policies often require prompt reporting of accidents; failing to do so can complicate the claims process.
- Reporting injuries long after the accident may force adjusters to rely on outdated information, which can lead to prolonged disputes and delays in settlement.
- Statute of Limitations
- Every state, including California, has a statute of limitations for personal injury lawsuits.
- Missing this deadline typically means you lose the right to sue for damages, leaving you with potentially overwhelming medical bills and financial losses without legal aid.
When you act promptly in this situation, you ensure that your rights are protected and you can seek the compensation you need and deserve. If you are unsure about the strength of your claim, reach out to a personal injury attorney as soon as possible.
Conclusion
Dealing with the aftermath of a car accident can be overwhelming, but understanding the timeline on how long after a car accident you can claim injury in California is something to keep in mind. Having a lawyer at hand can make a significant difference in your recovery, as well as the compensation you receive.
Remember, legal guidance is important—whether you’re facing severe injuries, debriefing the statute of limitations, or handling complicated negotiations.
At Stipp Law Firm, we know how confusing car accident cases can get, and we’re committed to supporting you every step of the way. Our dedicated attorneys strive to protect your rights and ensure you receive the compensation you deserve. If you’re uncertain about your next steps, contact us for a consultation.