What is the statute of limitations for filing a personal injury claim after a car accident in Sacramento?

Home / What is the statute of limitations for filing a personal injury claim after a car accident in Sacramento?

What is the statute of limitations for filing a personal injury claim after a car accident in Sacramento?

| September 12th 2023 | Uncategorized

If you've been injured in a car accident in Sacramento and are considering filing a personal injury claim, it's crucial to be aware of the statute of limitations that applies to your case. The statute of limitations is a legal time limit within which you must initiate your claim. In California, including Sacramento, the statute of limitations for personal injury claims arising from car accidents is governed by state law. Here's what you need to know:

The Standard Statute of Limitations for Personal Injury Claims

In most personal injury cases, including those stemming from car accidents, the statute of limitations in California is generally set at two years. This means you have two years from the date of the car accident to file a lawsuit in court. If you fail to initiate your claim within this timeframe, you may lose your right to seek compensation for your injuries.

Discovery Rule Exception

In some situations, it may not be immediately evident that you have suffered an injury as a result of a car accident. In such cases, California's "discovery rule" may come into play. This rule extends the statute of limitations, allowing you to file a personal injury claim within two years from the date you discovered or should have reasonably discovered your injuries. However, it's crucial to consult with an attorney to determine whether the discovery rule applies to your specific case.

Government Claims

If the car accident involves a government entity, such as a city or county vehicle, the rules regarding the statute of limitations can be more complex. Generally, you must file a government claim within six months from the date of the accident before pursuing a lawsuit. If your government claim is denied, you then have six months from the date of the denial to file a lawsuit.

Child Victims

In cases where a minor (under the age of 18) is injured in a car accident, the statute of limitations is typically extended. Minors have the option to file a personal injury claim within two years of turning 18 years old, rather than from the date of the accident.

Why Timely Action Is Crucial

Failing to adhere to the statute of limitations can have significant consequences. If you attempt to file a personal injury claim after the statute of limitations has expired, your case is likely to be dismissed by the court, and you may lose your right to seek compensation for your injuries altogether.

Given these strict time limits, it's essential to act promptly if you've been injured in a car accident. Consult with an experienced personal injury attorney in Sacramento as soon as possible to assess your case, gather evidence, and initiate the claims process within the required timeframe.

In conclusion, the statute of limitations for filing a personal injury claim after a car accident in Sacramento is generally two years from the date of the accident. However, various exceptions and nuances may apply, depending on the circumstances of your case. To ensure you protect your legal rights and pursue the compensation you deserve, it's advisable to seek the guidance of a knowledgeable personal injury lawyer who can navigate the complexities of California's statutes of limitations and help you build a strong case. Don't delay; contact an attorney today to get started on your path to recovery and justice.

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