How Long After an Accident Can You File a Personal Injury Claim?
If you’ve been injured in an accident, knowing how long you have to file a personal injury claim is critical. Missing the deadline can mean losing your right to seek compensation, no matter how strong your case is. This article breaks down the timeline for filing a personal injury claim and explains what factors can affect it.
What Is the Statute of Limitations?
The statute of limitations is the legal deadline for filing a lawsuit. In most personal injury cases, this period begins on the date of the accident or injury. The length of time varies by state and the type of injury claim you’re filing.
For example, in California, the statute of limitations for most personal injury cases is two years from the date of the accident. That means you generally have two years to take legal action against the at-fault party.
Exceptions That Can Extend the Deadline
While the statute of limitations is strict, some situations can extend or pause the deadline:
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Delayed Discovery: If you didn’t realize you were injured right away, the clock might start from the date you discovered (or should have reasonably discovered) the injury.
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Minors and Incapacitated Victims: If the injured person is a minor or mentally incapacitated, the statute of limitations may be paused until they reach legal age or recover capacity.
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Government Claims: If you’re filing a claim against a government agency, such as for a city bus accident, you typically have only six months to file an administrative claim.
Why Filing Early Is Important
Even though you may have a couple of years, it’s always best to start the claims process as early as possible. The sooner you act, the easier it is to gather evidence, secure witness statements, and build a strong case. Delays can result in lost documents, faded memories, and reduced chances of a favorable outcome.
What Happens If You Miss the Deadline?
If you try to file a personal injury lawsuit after the statute of limitations has passed, the court will likely dismiss your case. That means you lose your chance to recover compensation for your medical bills, lost wages, pain and suffering, and other damages.
Speak to a Personal Injury Attorney About Your Timeline
Navigating deadlines can be confusing, especially if you’re dealing with recovery or insurance claims. An experienced personal injury attorney can evaluate your case, determine the applicable deadlines, and help ensure everything is filed on time.
