Skip to Content

Know California Car Accident Statute of Limitations

More often than not, those recovering from the trauma of an auto accident are struck with a challenging situation. While legal recourse may be necessary, you must be aware of the California car accident statute of limitations.

After an accident, there is so much going on that it can be challenging to start the process, but it’s important to file an accident claim as soon as possible after an incident. Medical bills, recovery, getting your life back together, and moving forward all take precedence, sometimes resulting in you losing your chance to get the compensation that is rightfully yours.

Most states have a statute of limitations on when a claim can be filed.

Within the state of California, you will have a two-year period of time if you want to file a lawsuit relating to an auto accident. Be aware, the countdown for this begins the moment the accident occurs. If you fail to file the lawsuit prior to this time, then you will be unable to file a lawsuit and you will forfeit your right to sue the other party. The period of time in which you can act is known as the statutory period, and the statute of limitations is designed to set the time when this right is lost. All of this can be found in the Civil Procedure Section 335.1 of the California Code, but it’s also important to know when to hire an attorney after an accident.

How Long After an Accident Can You Sue?

There are a number of special conditions set by the state that will allow the statute of limitations to be expanded beyond the two years set, one of which in particular you should be aware of as it dramatically reduces the statute of limitations actionable time. If you are in an accident with anything that is a public entity, including things like the state, county or city, then you have only six months of time to file a claim before you lose the right.

In other special cases, you will be granted additional time to file.  For example, the statute of limitations can be extended if the accident involved someone who was found to be mentally incompetent when they were involved in the accident.  There are also extensions frequently give to children under the age of 18 as well as those turning 18 during the filing time, providing more opportunities to pursue the lawsuit.

Contact the Best Personal Injury Lawyers For Your Case

If you have been in an accident and are wondering “How long after a car crash can you claim whiplash?” or “How long after a work injury can I sue?” you’ll want the best attorney team that knows California car accient statute of limitations on your side. With more than 50 years of combined experience resolving cases in favor of clients who were wrongfully injured, Avrek Law has recovered more than $1 billion in compensation for injury victims in over 45,000 cases and will be with you every step of the way. Contact us for your free consultation to learn more and get the maximum amount of compensation that you deserve for your damages and injuries.

Request Free Consultation

Avrek Law Firm's legal team, led by attorney Maryam Parman

Injured? Choose the Best

866-598-5548Available 24/7
Se Habla Español