Car Accident Statute of Limitations by State

The statute of limitations sets a certain period within which you must file your lawsuit after being injured, and these time limits vary by state. Missing this window can lead to the loss of your right to seek compensation, no matter how strong your case is. 

Being aware of your state’s laws not only helps you take timely action but also ensures that all necessary evidence is preserved while witnesses are available to support your claim. Each state’s unique rules can significantly impact how successfully you’re able to navigate the legal processes involved in pursuing damages due to an auto accident.

Empowering yourself with knowledge about the statute of limitations plays a critical role in protecting your rights and improving the chances of obtaining justice after an unexpected incident on the road. 

Rosenfeld Injury Lawyers is here to help you understand the car accident statute of limitations by state and ensure your claim is filed on time.

What Is the Statute of Limitations?

The statute of limitations is a legal timeframe set by state law during which an individual must file a lawsuit after an event has occurred, such as a car accident. This time limit varies from state to state, typically ranging from one to six years. 

After the expiration of the statute of limitations, car accident victims generally lose their right to seek compensation through an insurance claim or file lawsuits related to their injuries.

Car Accident Statute of Limitations by State

If you’ve been involved in a car accident and are considering taking legal action, the statute of limitations depends on where the accident happened. Typically, this timeframe can be as little as one year and goes up to six years following the date of your collision. 

Below is a list of each state’s general statute of limitations.

While the list above provides the typical statute of limitations for each state, there are some exceptions that can shorten or extend this deadline. Always discuss your personal injury claim with an experienced attorney. 

Possible Exceptions to Statutes of Limitations

Just as each state sets its own statute of limitations for car accident claims, the possible exceptions to these limits also vary depending on the jurisdiction. Some of the most common exceptions are listed below. 

Exceptions for Minors and Incapacitated Individuals

The law recognizes that minors and individuals who are mentally incapacitated may not be able to advocate for their rights immediately after the incident occurs. To account for this, many states have specific rules in place to deal with this.

If you’re a minor involved in a car accident, most states will pause the clock until you reach the age of majority, usually 18 years of age. This means that once you become a legal adult, only then does your state’s standard statute of limitations start counting down. 

For example, in a state with a two-year statute of limitations, the victim would be allowed to file the claim until they are 20 years old.

Similarly, if at the time of your accident you were mentally incapacitated and couldn’t take legal action in response, many jurisdictions hold off on starting the clock until capacity is regained.

Tolling Provisions and Delayed Discovery

Many states have other situations where the statute of limitations is paused. 

For example, if the defendant left the state after causing a car accident, the clock is usually paused while they are gone. Because their absence could prevent a lawsuit from being filed promptly, many states will not include that time as part of the countdown. 

A similar situation happens in instances of fraud. For instance, an individual involved in causing an accident falsifies information or attempts to hide their identity. In these situations, the clock would also be paused. 

Discovery Rule

The discovery rule is one of the most common exceptions to the standard statute of limitations. In some states, the statute of limitations doesn’t begin until the injured party discovers or reasonably should have discovered their injury. 

For instance, in a car accident case where an individual suffers a concussion but does not experience symptoms until several weeks later, the discovery rule allows them to file a lawsuit within the time frame starting from when they first realized their condition was related to the accident rather than from the date of impact. 

This extension recognizes that it wouldn’t be fair to expect someone to take legal action for an injury and damages they were unaware of. Still, it’s always best to act as quickly as possible instead of relying on any exceptions to the time limit to file a lawsuit.

The Effects of the Car Accident Statute of Limitations

Missing the statute of limitations can have serious repercussions for injured parties. If no lawsuit is filed by the statute of limitations, car accident victims may have any future claims related to the incident dismissed.   

This means that individuals would lose their opportunity to pursue compensation for medical costs, lost wages, emotional distress, and pain and suffering. Understanding the statute of limitations associated with civil claims is fundamental for anyone looking to hold the responsible party accountable for their actions.

How the Statute of Limitations Affects Insurance Company Negotiations in Car Accident Cases

The statute of limitations can also impact negotiations with insurance companies. As the deadline approaches, the insurance company may recognize the urgency and be more inclined to negotiate a settlement instead of dealing with a lawsuit.

Knowing that the victim has a limited time to take legal action often motivates insurance adjusters to extend a fair offer sooner rather than later.

On the other hand, it can sometimes work against the victim if the statute of limitations is approaching. Insurance companies may deliberately delay negotiations or use stall tactics to force the victim to make a rushed decision before the time limit.

Rosenfeld Injury Lawyers can help you determine the statute of limitations for your car accident lawsuit and negotiate on your behalf. 

The Civil Lawsuit Process Following Car Accidents

Navigating the civil litigation process after car accidents can feel overwhelming, but understanding the steps involved can make the journey more manageable. After a car accident, victims often seek to recover compensation for their medical bills, property damage, and other related costs. 

This typically involves filing a car accident lawsuit against the at-fault driver or, in some cases, government entities if a government employee is involved. Below is an overview of the process.

Filing a Complaint

The first step in the civil litigation process is filing a legal claim, specifically a complaint. This document outlines the details of the car accident claim, including the individuals involved (like who the negligent driver was), what happened, where the incident occured, and why the defendant should be held responsible.

The complaint must be filed within the state’s statute of limitations, and failing to file a lawsuit in a timely manner can jeopardize the ability to recover compensation. This makes it essential to consult with experienced legal counsel who understands personal injury lawsuits and other personal injury claims.

Discovery Phase

Once the complaint is filed, the discovery phase begins. During this time, both parties exchange information and evidence that could affect the outcome of the case, such as police reports and witness statements. Depositions and interrogatories generally occur also.

This phase can be lengthy and requires patience as both sides gather the necessary evidence. 

During this stage, the defendant may also attempt to negotiate a settlement with the plaintiff. If no agreement can be reached, the case moves forward.

Trial or Alternative Dispute Resolution (ADR)

If negotiations for a car accident settlement don’t reach an agreement, the case may proceed to trial or alternative dispute resolution, like mediation or arbitration.

Trials involve presenting the case in front of a judge or jury, while ADR methods provide a structured way to resolve disputes without going to court. 

Mediation is a voluntary process where a neutral third party facilitates conversations and negotiations between disputing parties to help them reach a mutually acceptable resolution.

Arbitration involves an impartial arbitrator who listens to both sides and makes binding decisions on the dispute, often serving as an alternative to court proceedings.

Consulting a Car Accident Lawyer

Navigating a car accident claim can be overwhelming, especially when dealing with various time limits as well as injuries. An experienced attorney from Rosenfeld Injury Lawyers can provide the legal representation you need to ensure your rights are preserved, and your pursuit of recovery is effective. 

Below is how we can help clients with car accident claims.

Understanding the Statute of Limitations

Each state has a specific limitations statute governing the time frame within which you must file a lawsuit. This is particularly important when the incident involves a government entity or employee, as the deadlines and procedures are sometimes drastically different. 

Understanding Other State Laws

A car accident injury lawyer understands other complicated state laws that can significantly impact the outcome of your case. For instance, dram shop laws may hold establishments accountable for serving alcohol to an intoxicated patron who subsequently causes a car accident.  

Additionally, understanding whether you reside in an at-fault state or a no-fault state dictates how insurance claims are processed and what compensation you might be entitled to. An experienced personal injury lawyer also understands wrongful death laws in the tragic event that you have to file car accident cases related to losing a loved one.

Negotiation with Insurance Companies

Negotiating a fair accident settlement often involves dealing with insurance companies that may not always prioritize your best interests. Our team understands the tactics insurers might use and can negotiate on your behalf to ensure that you receive a settlement that reflects the true cost of your injuries and suffering, including medical expenses, pain and suffering, emotional distress, and property damage.

Representing You in Court

If negotiations don’t lead to results you’re happy with, our team will be prepared to represent you in court. We bring a wealth of experience to your car crash case and will explain the facts and advocate for you.    

Free Case Evaluation

We offer a free consultation to discuss the specifics of your situation, including any serious injuries sustained and the financial situation you are facing. This initial meeting allows us to assess the best strategy for your personal injury lawsuit and establish a timeline for moving forward.

With many factors at play in a car accident lawsuit, having a knowledgeable lawyer can make a significant difference in the outcome. 

Your Next Steps

Call us at (888) 424-5757 or complete our online contact form.