How Long Do I Have To File A Car Accident Lawsuit?

Auto accidents occur frequently every day across the nation. In fact, according to one source, there were more than 12 million car accidents in one recent year on US roads. In the interest of resolving the constant multitude of legal cases in an orderly fashion, the statute of limitations sets out how much time is allowed to file a lawsuit.

In the aftermath of a car accident, after caring for injuries, the victim would try to seek compensation that he or she would legally be entitled to receive. But what if the insurance company refuses to offer a fair amount of compensation? Or, what if the damages suffered exceed insurance limits? If this has happened to you, you may be wondering whether you still have time left to file a lawsuit.

The Statute of Limitations 

How much time you would have to file a car accident lawsuit would depend on the state where the accident occurred. Every state has established a legal time limit for filing personal injury cases, which includes car accidents. This time limit is known as the statute of limitations. 

The statute of limitations for car accident cases varies from state to state, with most placing a limitation of 2 or 3 years from the time of the accident. However, in some states, such as Tennessee and Louisiana, it can be as short as 1 year. Others, like Maine and North Dakota, have established a 6-year statute. 

There are multiple reasons why every state has established a statute of limitations. One of these reasons is to ensure that all parties involved in the accident will get a fair trial. If a lawsuit is brought years after the incident, crucial evidence could be lost, and this could affect the outcome of the entire case. Another reason is to prevent the court from being overloaded by promptly moving cases in a timely manner.

Exceptions to the Statute of Limitations 

Although each state has established its own statute of limitations for personal injury cases, there are certain factors that may extend (legally known as “tolling”) the time frame for filing a lawsuit. 

Some of these factors include the following:

• The discovery rule: While it is true that the statute of limitations begins on the date the accident occurred, most states recognize what is known as the discovery rule. In some cases, a victim might not discover that he or she was injured in the accident until months or even years later. In this case, the statute of limitations would begin on the day the injury was discovered. 
• Child victims: When a minor is injured in a car accident, the parent may choose to file a lawsuit on behalf of the child. Alternatively, the parent may choose to wait until the minor turns 18 years old and allow the child to file the lawsuit on his or her own behalf. This means that the time limit for the statute of limitations may not begin counting for years after the accident. 
• The victim is mentally incapacitated: If a victim of the car crash is declared mentally incompetent at the time of the accident, then the statute of limitations would not begin until the disability ends. For example, if the plaintiff suffers serious injuries in the accident that require extended hospitalization, then the time period for filing a lawsuit will not begin until the plaintiff is competent again. 
• Defendant leaves the state: In some states, if the defendant leaves the state, then the statute of limitations is paused until he or she returns. The same would be true if the defendant were to hide out within state limits. The duration of an extension would vary from state to state.
• Wrongful death: In some states, the statute of limitations for filing a wrongful death lawsuit and a car accident lawsuit are different. For example, Utah and Wyoming each have a 4-year statute of limitations for car accident cases but just a 2-year statute of limitations for wrongful death cases.

This list is by no means comprehensive. There are many other factors that could affect the time frame for the statute of limitations to file a car accident lawsuit, such as if the defendant engages in fraudulent actions. Thus, it’s always best to consult a car accident lawyer who would be familiar with the deadlines for filing a lawsuit. 

Don’t Delay in Speaking With a Car Accident Attorney

While it is true that most car accident cases are settled out of court, it is unlikely that the insurance company will offer a fair settlement right away. Insurance companies are in the business of making money. 

Insurance adjusters are skillful at using certain tactics to minimize the value of your claim, all the while dragging things out. While trying to negotiate a fair settlement on your own with the insurance company, you could possibly miss the deadline for filing a lawsuit. 

The best way to ensure that you do not miss the statute of limitations for filing a car accident lawsuit is by hiring a car accident lawyer. An experienced car accident law firm, like Big Auto Accident Attorneys, would be familiar with not only the statute of limitations for a lawsuit but also any other filing deadlines that would need to be met — throughout the entire process, from start to finish. 

How We Can Help

The sooner you hire a car accident lawyer, the better it will be for you all around. Your lawyer will start working on your case by obtaining evidence before it is lost and building a strong argument for you to receive a fair settlement. Further, your lawyer would know how to calculate all present and future losses and see if your compensation amount exceeds insurance limits, meaning a lawsuit would absolutely be necessary. 

Keep in mind that the law firm you choose to represent you will have an impact on the outcome of your case. So make the smart choice and get in touch with Big Auto Accident Attorneys, because we focus on all aspects of auto collision claims. Call us today at 1.844.BIG.AUTOfor a free consultation.

Content reviewed by managing attorney, Nic Edgson. Nic has been an Arizona-licensed lawyer for more than a decade and focuses his law practice on helping people seriously injured in car accidents and truck accidents. He has represented thousands of clients and recovered more than $50 Million Dollars fighting for their injuries and medical bills. Throughout his legal career, Nic has helped those injured through some of the most difficult times in their lives.