You were in a car accident and were injured. What do you do now? You might have heard that there is a statute of limitations for car accident claims in San Francisco, California, but what does that mean for you?
The statute of limitations is when you file a lawsuit after being injured in an accident. The statute of limitations for car accident claims in California is two years. If you were injured in a car accident, you have two years from the accident date to file a lawsuit.
You must file a lawsuit within two years to recover any damages for your injuries. This is why it is important to speak with a qualified San Francisco car accident lawyer as soon as possible after an accident. Our attorneys can help you understand the statute of limitations and ensure that your claim is filed within the appropriate timeframe.
This article will explain the statute of limitations and how it applies to car accident claims in San Francisco. We will also help you understand your rights and what steps you should take to protect them.
Statute of Limitations for Car Accidents in San Francisco, California
The statute of limitations for car accident claims in San Francisco is two years. This means that you must file your claim within two years of the accident. If you do not file your claim within this period, you will not be able to recover any damages.
Exceptions to the Deadline
There are a few exceptions to the statute of limitations for car accident claims in San Francisco, California:
- If the accident results in death or serious injury, the statute of limitations is three years.
- If you were a minor at the time of the accident, you have until you’re 18 years old.
- If the insurance company doesn’t make an offer within six months of your accident, you can file a lawsuit even if it’s been more than two years since the accident occurred.
- If you are injured and unable to move, the statute of limitations will be paused until you can resume normal activities.
- If the defendant is not located in the state of California, the statute of limitations will be paused until they can be found and served with court papers.
If you’re unsure whether or not your car accident claim is subject to the statute of limitations, you must speak with an experienced San Francisco personal injury lawyer, as soon as possible. A San Francisco auto accident lawyer will be able to review the facts of your case and help you determine the best course of action.
Filing a Lawsuit After the California Statute Of Limitations Period
If you choose to go ahead and file a car accident lawsuit after the statute of limitations in California has expired, you will more than likely be unsuccessful. This is because the court is likely to dismiss your case due to the expiration of the filing period. There are, however, a few exceptions to this rule.
First, suppose you can prove that “fraudulent concealment” or “delayed discovery” was involved in your car accident case. In that case, you may be able to convince the court to hear your case even if it was past the original filing period. In other words, if there was something that prevented you from discovering your injury until after the statute of limitations expired, then you might have a chance at making a successful claim.
Another possible exception is if one plaintiff attempts to dismiss their case but another individual related to their lawsuit continues proceedings past statutory deadlines. In such cases, the judge may still allow for the claim to be filed within its initial deadline despite any delays from other parties involved in the suit.
The Reasons for Statutes of Limitations
There are statutes of limitations in place to prevent you from suing someone endlessly for the damage they may have caused. Suppose you are harmed in an automobile accident. In that case, you are legally obligated to seek compensation or file a lawsuit against the persons who caused your injuries as soon as possible. Similarly, someone who causes injury to others in a vehicle accident has the right to know for sure if they will be required to pay money in a lawsuit.
In practice, lawsuits might be far more difficult to pursue if you wait years after an injury to seek compensation. Many circumstances can make demonstrating culpability more difficult. For example, evidence might be lost, injuries can heal, memories fade, and witnesses can move away and become inaccessible.
The inability to ascertain who caused an accident might contribute to public distrust in the legal system. If injured parties in an automobile accident lose their case owing to complications created by the passage of time, the public may feel cheated out of the recompense they deserve. Similarly, if injured plaintiffs receive a substantial judgment several years after an accident, the public may perceive it as unjust.
Contact a Qualified San Francisco Auto Accident Lawyer for Advice
You have two years from the date of the accident to file a claim. If you don’t file a claim within this time frame, you will be barred from doing so and will not be able to collect any compensation.
This may seem like a long time, but it’s important to remember that these claims can take time to resolve. If you wait until the last minute to file a claim, you may not have enough time to gather all the necessary evidence and documentation.
If you are unsure about how to proceed with your claim, it’s best to contact a capable San Francisco auto accident lawyer from our law firm. An experienced San Francisco personal injury lawyer will be able to review the facts of your case and advise you on the best course of action.
Our lawyers will file a lawsuit for you before the statute of limitations expires if we decide to pursue your case. We can also help you fight against any unfair or inadequate settlement offers (and hopefully resolve the matter outside the court). And finally, we can help guide you through the legal process and provide assistance in all related matters, including dealing with insurance companies.
Contact us without delay to get started with your personal injury claim proceedings!