When a traffic accident occurs in California, the weather becomes a critical factor that can determine whether you will succeed in filing a lawsuit or not. Many drivers in Irvine are unaware that there are strict deadlines for filing claims after an auto accident, which can cost thousands of dollars in compensation. If you find yourself in this situation, the expert auto accident lawyer Irvine Bojat Law Group can help you understand your options and protect your rights before the critical time frame passes.
California Statute of Limitations Law
California has clearly defined deadlines for different types of claims related to traffic accidents. This law is called the “Statute of Limitations” and represents the maximum time you have available to file a formal claim.
Lawsuits for Injury
For most personal injury cases, you have two years from the date of the accident to file a claim. This may be the most important deadline to remember because it applies to the most typical situations following an automobile accident.
However, there are certain situations where this period may be extended or shortened:
If the injured party was not aware of the injury immediately after the accident, the time limit may begin to “run” from the moment the injury is discovered
In case the victim of the accident is a minor, the deadline may be extended until her 20th birthday
If the responsible party has left the country, the deadline may be paused until they return
Lawsuits for Property Damages
When it comes to damage to a vehicle or other property, you have three years to file a claim. This is a longer deadline than that for bodily injuries, giving drivers a little more time to organize around repairs and damage assessment.
Cases with State Vehicles
A particularly complicated situation arises when a vehicle owned by the state, city, or other public entity was involved in the accident. In these cases you have only six months to file a formal claim against the government. This is a significantly shorter deadline that calls for urgent action.
Why Are Deadlines So Important?
California courts are extremely strict when it comes to time limits. Even if you are one day late, your case may be dismissed no matter how strong the evidence. This means that you may lose your right to any compensation for:
- Medical Costs
- Lost Profits
- Pain and Suffering
- Damage to the vehicle
- Future Medical Costs
When Does the Deadline Begin to Run?
In most cases, the deadline begins on the day of the accident. However, there are situations where this rule does not apply:
Discovery Rule: If injuries were not immediately obvious (such as spinal cord injuries or traumatic brain injuries), the statute of limitations may begin when the injury was discovered or when it could reasonably have been discovered.
Continued Nursing: If you are undergoing treatment with the same doctor who treated you immediately after the accident, the period may be extended until the treatment is completed.
Factors That Can Affect Dates
Insurance Without Fault
California is not a “no-fault” state, which means you have to prove that the other party was at fault for the accident. This may complicate the process, but does not affect the basic deadlines for filing a lawsuit.
More Responsible Parties
Where more than one vehicle or party is involved in an accident, the time limits apply to each party individually. It is important to identify all potentially responsible parties as early as possible.
Alcohol or Drugs
If the other party was under the influence of alcohol or drugs, this may affect the criminal proceedings, but does not change the civil time limits for the prosecution.
What Should Be Done Immediately
As soon as an accident happens, it is important to start the process of documentation and preparation:
- Seek medical attention – even if you think you are not hurt
- Document everything – photos, witnesses, police reports
- Contact a lawyer – the sooner the better for your case
- Keep all bills – medical bills, repairs, lost wages
Why Not Wait Until the Last Minute?
While you technically have two years for most cases, waiting can harm your case in several ways:
- Witnesses may forget details or move
- Physical evidence may disappear
- Medical records may become incomplete
- Your memory of the event may be impaired
The best approaches include contacting an experienced lawyer in the first weeks after the accident.
Don’t let deadlines pass you by while you deal with the aftermath of a traffic accident. Every day that passes can weaken your case and reduce the chances of getting a fair settlement. Bojat Law Group understands the importance of acting quickly and efficiently. Our team of experienced auto accident lawyer Irvine experts is ready to provide you with a free consultation and help you protect your rights. Call us today or contact us online – don’t wait until it’s too late.