In California, you generally have two years to file a car accident lawsuit for personal injury and three years for vehicle or property damage. However, if your claim involves a government entity, this deadline can be much shorter, often giving you just six months to file.
A California car accident lawyer from Sweet James can help you understand the various time limits and other laws that may have an impact on your compensation claim. After reviewing your case and the circumstances surrounding your accident, we’ll handle the entire legal process so you don’t have to worry about missing a deadline.
What are the Deadlines for Filing a Car Accident Claim in California?
There are several deadlines you must keep in mind when considering how long you have to file a car accident claim in California. Each deadline can creep up on you faster than you might think, so acting quickly and hiring a car accident lawyer can make a huge difference to your case.
Personal Injury
Under California Code of Civil Procedure (CCP) § 335.1, you are given two years from the date of the accident to file a personal injury claim.
This type of lawsuit allows you to claim a wide range of economic and non-economic damages, such as medical expenses, lost wages, pain and suffering, emotional distress, and loss of consortium. However, this will depend on the circumstances of the crash and the extent of your damages.
Property Damage
CCP § 338 allows three years from the date the damage occurred to file a lawsuit for property damage. This may include the cost of vehicle repairs, vehicle replacement, or the loss of any other personal items as a result of the car accident.
Claims Against Government Entities
According to California Government Code § 911.2, you usually have just six months from the date your case arises to submit an administrative claim for a car accident involving a government entity. If the claim is rejected, a separate deadline usually applies to file a lawsuit.
You can usually hold a government entity responsible for your damages if their negligence has somehow contributed to causing the collision. A car accident lawyer from Sweet James can help you identify all at-fault parties, so that you can pursue full compensation.
In this instance, potential liable parties may include:
- Caltrans: The California Department of Transportation may be at fault if you can prove that poor maintenance or unsafe conditions on state-maintained roads contributed to the collision.
- A government employee: If an employee was negligent while performing their job and this led to the car accident, the relevant public entity may also be liable.
- A specific California city: When the dangerous road conditions are found on city-maintained streets, the specific city may be responsible, e.g., San Diego, Los Angeles, Fresno, etc.
Are There Any Exceptions to California’s Filing Deadlines?
Yes, there are some exceptions to California’s filing deadlines, meaning that the timeframe may be extended or delayed depending on the circumstances. For example, under CCP § 352, if the injured person bringing the lawsuit is a minor, the statute of limitations may be paused until they reach the age of 18.
In some instances, you may not notice your injury right away. As such, the countdown may only begin when you discovered, or should have reasonably discovered, the injury and the harm it has caused. So, if the crash happened in June and you only discovered your injury in August, the deadline may be calculated from the later date.
However, this will depend on the circumstances, as every case is judged differently. The team at Sweet James can help you figure out how long you have left to file your California car accident claim and advise you on your next steps.
What Happens if You Miss the Claim Deadline?
If you miss any one of the claim deadlines after your car accident, you will likely be barred from recovering compensation. It often results in the permanent dismissal of your case by the court, closing off your opportunity to seek compensation for your injuries, medical bills, lost wages, and other damages.
If you think you missed the statute of limitations, a California car accident attorney can still review your case and discuss any other options that may be available to you. Sweet James can check for any exceptions that may apply to your case and help you understand your rights.
Why You Need Sweet James in Your Corner
Sweet James focuses exclusively on car accident and personal injury cases, so you know you’ll have our undivided attention and dedicated representation when it comes to filing your claim. Our team is made up of more than 400 highly trained legal professionals, including those who have been selected by Super Lawyers and Rising Stars lists as top attorneys.
Having recovered over $1 billion in compensation for our clients, we’ll work hard to secure you a fair settlement, handling all negotiations and filing deadlines on your behalf.
To learn more about how long you have to file a car accident claim in California, or any other questions you may have, get in touch with our team. We’re available 24/7, and case reviews are free.
