In the aftermath of a car accident, the focus is often on immediate concerns like medical treatment and insurance claims. However, it is crucial to remember that there is a time limit within which you can file a lawsuit for a car accident claim. This time limit is known as the statute of limitations.
You need to know numerous things about the car accident legal process. Even if someone else is to blame for the accident, you need a lawyer who understands fundamental legal requirements to get the compensation you deserve.
The statute of limitations is one of these critical concepts, where you have a deadline to file a lawsuit. If you miss it, you cannot seek car accident compensation and may not get the money you need for your damages.
Contact an experienced car accident lawyer in Bakersfield to learn more about your legal options. You may not know of key legal rules which can harm your case.
A car accident lawyer will establish and protect your legal rights and will work to get you every dollar that you deserve in compensation for your injuries. If you do not hire a lawyer, you may have to accept an unfair offer from the insurance company without any mechanism for fighting back.
The Statute of Limitations Is About Fairness to the Defendant
Many concepts in personal injury law assure fairness to one or both parties in the case, and certain aspects should protect you as the accident victim. However, other provisions may ensure fairness to the defendant; the statute of limitations is one of those concepts that fulfill the latter purpose.
The statute of limitations is the deadline to file a lawsuit in court. While it is not a deadline to file an insurance claim, the insurance company will certainly know if you missed the window to file a lawsuit, and they will use the expired statute of limitations to their advantage if you pursue a claim beyond the deadline.
The statute of limitations exists because it is fundamentally unfair for a plaintiff to have the right to sue the defendant many years into the future without any warning.
The defendant must also present evidence in court to defend themselves from your allegations. If the defendant does not have the proof they need because too much time has passed, they cannot present a strong case. If you still have the evidence you need, you can place them at a distinct disadvantage in a lawsuit.
The Statute of Limitations Is a Limit on Your Right
Accordingly, there is a statute of limitations, so a defendant will know the outer perimeter of the time they may face a lawsuit to give them time to plan accordingly.
While you have the right to file a lawsuit, the defendant can also show up in court to defend themselves. The law considers it unfair if they may be hauled into court anytime in the future without warning.
Your legal right to financial compensation for your car accident injuries begins at the point when you can prove that someone else caused the crash.
However, the clock starts to run on the exact date of the accident or when you should have known that you had suffered an injury. You do not want too much time to elapse before establishing your right to compensation because it counts against the clock.
You Lose the Right to Sue When the Statute of Limitations Expires
The clock runs out when the statute of limitations expires. Each state gives you a set amount of time to file a lawsuit. Depending on the state in which you live, the range of dates can be one year to six years. Once the period expires, so does your legal right to compensation.
If you fail to file a lawsuit or claim before the statute of limitations elapses, you will be out in the cold regarding compensation for your injuries. The deadline is stringent, and if you miss it by even a single day, you no longer have any right to file a lawsuit. The statute of limitations is not necessarily a jurisdictional issue, but it does mean that your legal rights expire on that day.
Usually, the court will dismiss your case before you get your day on the merits. Even if you make it to court, the defendant may raise the statute of limitations as an affirmative defense, or a judge can even dismiss the case independently.
It Is Hard to Show that an Exception to the Statute of Limitations Applies
There are very few exceptions to the statute of limitations. It is challenging to prove that they should apply, and you have the burden of proof to demonstrate an exception.
There are, however, situations where you can get an extension. For example, you may have extra time when the defendant was out of state, and you were unable to serve them with papers.
Another exception is when the defendant kept you from learning about your injuries, although that will not frequently apply in car accident cases. If you were a minor when you suffered an injury in a car accident, the statute of limitations will begin to run when you turn 18 if your parents did not file a claim on your behalf when you were a child.
You do not want to be in a position of having to argue that an exception applies for extra time because exceptions to the statute of limitations have strict guidelines.
Not having a car accident lawyer is certainly not a reason why you will get additional time. Courts do not give the benefit of the doubt to those trying to represent themselves because it will defeat the purpose of the statute of limitations.
You May Not Know When the Statute of Limitations Begins to Run
Legal issues about the statute of limitations often relate to when it begins to run. A plaintiff will rarely file a lawsuit after the statute of limitations has expired. However, plaintiffs and defendants may have a different view of when the time clock actually began to run.
For example, you may not have realized that you suffered an injury right away after the car accident. You may not have even known about your injury until months later when you began to experience symptoms. This fact pattern often happens in whiplash injury cases when you do not feel pain at the time of the car accident.
The statute of limitations does not always begin at the exact accident date but can start when you should have known you had an injury. However, it is best to use reasonable diligence to learn of your injuries.
You cannot pretend that nothing is wrong in the face of obvious symptoms because the defendant can use that against you in the future.
They may argue that you should have known about your injuries at the time of the car accident. They may also claim that you needed to be more diligent to learn that you suffered an injury because you did not see a doctor right after the accident.
Contact a Car Accident Lawyer to Learn About Your Legal Rights
You should contact a car accident lawyer as soon as possible after the crash. Your car accident attorney can begin to investigate your accident, even if they are not yet ready to file a claim on your behalf.
A lawyer will watch the clock so you stay within your deadline to file the lawsuit. They will also handle all the details of your case, so you do not have to worry about anything while you recover.
In reality, there is no reason why you should wait years to begin the legal process. The claims or lawsuit process will take time and will not quicken because you chose to delay your claim.
Your damages represent money you have lost, and you must recoup that money to avoid financial difficulties. You have already experienced economic loss and may have trouble staying afloat financially until you get your settlement money.
Knowing that insurance companies will do what is in their power to throw a wrench into your claim, you should err on the side of caution and begin the legal process as soon as possible.
Your Attorney Needs Time to Do Their Job
It can take your car accident lawyer considerable time to investigate the crash and gather the evidence you need to prove your claim. Then, they will need to wait until the scope and extent of your damages become more apparent. It may take months for you to learn your exact medical prognosis since you may not know how and whether you will recover.
The legal process may take many months, or even years, to draw to a close. There is no good reason to delay calling a car accident lawyer as soon as possible. Even if you are physically injured, there is not much you will need to do for your case other than to call a car accident attorney and hire them to represent you.
If you cannot make the call on your own, have a family member do it for you. The important thing is that you have a strong and aggressive attorney on your side as early as possible.
Insurance Companies Try to Run Out the Clock on You
You may still have issues with the statute of limitations, even if you have hired an attorney early in the process. Insurance companies may delay the claims process for as long as possible to make you desperate and more willing to accept what they offer you in compensation.
You may have already had to wait until the point of maximum medical improvement before you file a claim in the first place, which can take many months in itself. Then, you may go through delays while the insurance company responds to your initial claim and makes you shockingly low settlement offers.
Time may pass to the point where you must keep an eye on the statute of limitations during the process, even when actively pursuing compensation. Insurance companies may push things out as far as they can, and there may be a time when you need to move to file a lawsuit.
A Car Accident Lawyer Does Not Charge Any Money Upfront
Car Accident Lawyer, Mickey Fine
Do not let money concerns delay a call to a car accident attorney. They will not ask you to pay them any money upfront and out of your pocket, nor will they send you any bills while representing you. They will not even send you bills for their time and services at the conclusion of your case, even if you do not win.
A car accident lawyer is only paid on a contingency fee when you get a settlement or jury award. The only thing you need to do to hire a lawyer is sign a representation agreement that promises you will pay them from the proceeds of your case if and when you win.
Not only does this arrangement alleviate financial stress, but it also motivates your lawyer to fight for the best possible outcome for you. Since their payment depends on your case’s success, they have a vested interest in securing the maximum compensation for you.
Additionally, hiring a personal injury lawyer in Bakersfield can save you money in the long run. They have the knowledge and experience to navigate complex legal processes and negotiate with insurance companies on your behalf. Without their experience, you may be at risk of accepting a settlement offer that is far below what you deserve.
If you have been in a car accident and are considering filing a lawsuit, consulting with an experienced car accident attorney is a wise choice. They can provide guidance on the statute of limitations applicable to your case, ensuring you file your claim within the required timeframe. Taking prompt action can protect your rights and increase your chances of obtaining fair compensation for your losses.
Do not let time slip away – know the statute of limitations in your state and seek legal assistance when needed.