After a car accident, you are able to file a lawsuit immediately; however, this doesn’t mean that you have to. It can take quite awhile to recuperate from serious injuries, and you might need further treatment if the initial treatment plan is unsuccessful. Before the claim can be settled, it’s crucial to have a firm treatment plan in place as discussed with your medical providers. Oftentimes, victims of car accidents settle too early and are left with out-of-pocket expenses for additional required treatment. On the other hand, if you wait until the last minute to file a lawsuit or claim regarding a personal injury matter, this is not advisable.
Victims of car accidents generally desire to come to a resolution with car insurance companies in order to avoid a lawsuit. Unfortunately, the settlements presented by the insurance companies sometimes aren’t enough to cover all of the damages in serious accidents. In order to be properly compensated for injuries due to a car accident in the state of California, you may need to file a lawsuit. The most important thing to keep in mind is that you need to do so before the statute of limitations expires.The statute of limitations is the period of time in which a victim can file a lawsuit. Once that period of time expires, the victim can be prohibited from bringing a lawsuit against the defendant, even if he or she clearly sustained serious injuries due to the accident.
In the state of California, the statute of limitations for car accident based personal injury lawsuits is two years. (The statute of limitations for recovering damage sustained to your vehicle is three years.) If you were involved in a car accident with a local, state, or federal government entity, the statute of limitations is six months. If the government were to deny the claim, you would then have another six months from that date to file a lawsuit for a personal injury claim against that government entity.
Remember: if you’ve been hurt in a car accident in the state of California and you’re considering filing a lawsuit, be sure to do so within the statute of limitations. If you don’t file on time, consequences such as the loss of crucial evidence or even the right to a lawsuit can occur. If you’re curious about receiving more information about the laws that apply to your specific case, please contact MHM Law Group today. Having an experienced and competent personal injury lawyer on your side can make a world of difference.