The lawsuit must be filed within two years from the date of the incident or the claim will be forever barred.
California has a two-year statute of limitations for the filing of personal injury cases. The lawsuit must be filed within two years from the date of the incident or the claim will be forever barred. California also has a three-year statute of limitations after the accident for filing a lawsuit over vehicle or property damage.
In spite of this general rule, it is best to consult with an auto accident attorney who has experience litigating California motor vehicle collisions to accurately determine the appropriate statute in your circumstance. Situations involving an injured minor or a municipal defendant can significantly alter the statute and may require either the filing of a notice provision or filing of a lawsuit in a shorter period of time.
Additionally, many car accident cases require a significant amount of investigation prior to the commencement of a lawsuit. An investigation may be necessary to both determine the liability aspects of the case by talking to witnesses or reviewing accident reconstructionist materials. In other situations, an investigation may be necessary to determine who the proper defendant’s are in a case (the people to be sued). If a driver was employed at the time of a crash, this information may not be readily apparent from a police report.
Are you ready to proceed with an auto accident case in California?
Jimmie Kang Law Firm is skilled at the investigation and litigation aspects of auto cases in Southern California. Our law firm represents individuals exclusively—never companies. We welcome you to contact our office for a free review of your auto accident case without any cost or obligation. Only if we are successful will a fee be charged. Call us today.