Is time a factor in my ability to sue for car accident injuries?
Lawyers and insurance company claims adjusters understand the important role time plays when someone is injured in a car accident. Once an insurance company for a negligent driver is notified of a car collision in which someone suffers a serious injury, it will complete its accident investigation and wait.
The insurance company for a driver whose texting and driving or other acts of negligence caused a car accident is under no obligation to settle a claim in a timely manner unless it is pushed to do so by the party seeking compensation for injuries. The reason for this is the statute of limitations.
A statute of limitations is a deadline states impose on when a lawsuit must be filed in a particular type of case. The statute of limitations in Contra Costa County, California, is two years computed from the date of the injury. In a case involving a personal injury from a car collision, the computation of the statute of limitations is usually from the date of the accident.
Special rules apply in cases in which the injury is not immediately apparent. In those situations, the statute of limitations is one year from the date of discovery of the injury.
The effect of the statute of limitations on an accident victim with a serious injury can be devastating both financially and emotionally. Compensation for pain and suffering, medical expenses and lost wages would be lost because the injured party’s right to sue ends with the expiration of the statute of limitations.
There are many aspects to the statute of limitations that are beyond the ability of this posting to cover in depth. This post is not intended as legal advice and should not be relied upon as such. Legal advice on the statute of limitations and other issues following a car crash should be sought from a Walnut Creek personal injury attorney.