When you’re in a car accident in San Diego, the aftermath can be a whirlwind of doctor’s visits, insurance claims, and sometimes, court proceedings. Amidst the turmoil, it’s easy to lose track of time. However, there’s one clock you should always keep an eye on the statute of limitations. This article will take a closer look at this important law and its role in personal injury cases following car accidents.
In California, the statute of limitations for personal injury cases is two years from the date of the injury. If a death resulted from the accident, the decedent’s family members have two years from the date of the person’s death to file a wrongful death lawsuit. But why does this matter? The statute of limitations sets a deadline for filing a lawsuit in the state’s civil court system. If you file your case after the two-year window, your case will likely be dismissed, and you’ll lose your right to seek compensation for your injuries.
Understanding how the statute of limitations applies in your case is crucial because, often, settlements with the at-fault driver’s insurance company can take time. If negotiations are still ongoing as the two-year deadline approaches, you’ll need to make a strategic decision about moving forward with a lawsuit to preserve your claim.
In some cases, you might not “discover” your injury until days, weeks, or even months after your accident. The clock starts ticking when you discover or reasonably should have discovered your injury. This is known as the “discovery rule,” and it is commonly used in cases where the injury is not immediately apparent.
Navigating these laws can be difficult, and mistakes can cost you your rightful compensation. That’s where a San Diego personal injury attorney can help. They can guide you through these laws, help you understand how they apply to your case, and ensure you take the necessary steps to protect your claim within the required timeframe.
Get in touch with a truck accident lawyer at Jeffery Estes Injury Lawyers today.
Reach them at:
Address:80300 Via Valerosa, Indio, CA 92253
SAN DIEGO OFFICE
Address: 501 West Broadway, Suite 1650 San Diego, CA 92101
- JOLLA OFFICE
Address: 864 Prospect Street, Suite C, La Jolla, CA 92037