Statute of Limitations for Car Accidents

Car accidents can turn your life upside down in an instant. From dealing with injuries to managing vehicle repairs, the aftermath of an accident can be overwhelming. 

On top of these immediate concerns, there is also a crucial legal element to consider: the statute of limitations. This legal deadline determines how long you have to file a lawsuit after a car accident. Missing this deadline could bar you from seeking compensation altogether, making it essential to understand how it applies to your case.

If you’ve been involved in a car accident that wasn’t your fault, contact Morgan & Morgan today to learn more about your legal options. You shouldn’t have to bear the burden of someone else’s mistake, and we can help fight for the compensation you need and deserve to move forward with your life. Our team can ensure that you file a personal injury claim correctly and on time, according to the statute of limitations.

What Is the Statute of Limitations?

The statute of limitations is a state-specific law that sets a time limit for filing a lawsuit. For car accidents, this typically applies to personal injury claims and property damage claims. The clock usually starts ticking on the date of the accident, although there are exceptions that might delay or alter this starting point.

Common Time Limits by State

Each state sets its own statute of limitations for car accident claims.

It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.

Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney can help ensure your claim is filed correctly and on time.

Exceptions to the Rule

There are exceptions to the statute of limitations that can extend or shorten the time you have to file a claim. These include:

• Discovery Rule: If you didn’t discover your injuries immediately after the accident, the clock may start from the date you became aware of them.
• Minors: If the injured party is a minor, the statute of limitations may be paused until they reach the age of majority.
• Government Claims: If your accident involves a government vehicle or agency, the filing deadline may be much shorter, sometimes as little as 30 to 90 days.
• Wrongful Death Claims: If a car accident results in a fatality, the statute of limitations for filing a wrongful death lawsuit may differ from standard personal injury claims.

Why the Statute of Limitations Matters

Failing to file your lawsuit within the statute of limitations typically results in the court dismissing your case. This means you lose the opportunity to recover damages for medical expenses, lost wages, pain and suffering, and other losses related to the accident.

However, it’s not just about meeting deadlines. Filing a lawsuit well within the statute of limitations can also strengthen your case. Evidence tends to degrade over time—witnesses forget details, physical evidence gets lost, and accident scenes change. Acting promptly ensures your attorney has access to the strongest possible evidence.

How a Lawyer Can Help You Navigate the Statute of Limitations

An experienced car accident attorney can be invaluable in ensuring you meet all legal deadlines and maximize your chances of a successful outcome. Here’s how:

Determining the Applicable Deadlines

Your lawyer will review the details of your case to identify which deadlines apply. For example, if the case involves a government entity, they will ensure you meet the shorter filing window. They will also consider any exceptions, such as delayed discovery of injuries or claims involving minors.

Handling Complex Legal Processes

The legal process following a car accident is rarely straightforward. Beyond understanding the statute of limitations, your lawyer will:

• File the necessary paperwork to initiate your lawsuit.
• Communicate with opposing parties to avoid procedural errors that could jeopardize your claim.
• Manage deadlines for related legal processes, such as filing insurance claims or responding to court motions.

Gathering and Preserving Evidence

Acting quickly allows your attorney to gather and preserve crucial evidence, including:

• Police reports
• Medical records
• Witness statements
• Surveillance footage

This evidence can significantly bolster your case, whether you aim to settle with the insurance company or proceed to trial.

Negotiating With Insurance Companies

Insurance companies often use delay tactics to pressure claimants into accepting lower settlements or missing the statute of limitations altogether. An attorney can:

• Negotiate aggressively on your behalf.
• Ensure all settlement discussions are fair and backed by evidence.
• Advise you on whether a settlement offer is adequate or if filing a lawsuit is a better option.

Filing a Lawsuit vs. Negotiating a Settlement

Many car accident cases are resolved through settlements rather than going to trial. Here’s how a lawyer can assist in either scenario:

Settling Without Litigation

An attorney will work with the insurance company to reach a fair settlement that covers your damages. This process often involves:

• Calculating the full extent of your losses, including future medical expenses and lost earning potential.
• Presenting evidence to support your claim.
• Countering lowball offers from the insurer.

By negotiating a fair settlement, your lawyer can help you avoid the time and expense of a lawsuit while still ensuring you receive adequate compensation.

Filing a Lawsuit

If negotiations fail, your attorney can file a lawsuit before the statute of limitations expires. This involves:

• Drafting and filing a complaint.
• Engaging in pre-trial discovery, such as depositions and document requests.
• Representing you in court if the case goes to trial.

Even after filing a lawsuit, many cases settle before reaching trial. Having an attorney who is prepared to litigate strengthens your position during settlement discussions.

How to Protect Your Rights After a Car Accident

To ensure you don’t miss the statute of limitations or compromise your case, take the following steps after a car accident:

• Seek Immediate Medical Attention: Even if your injuries seem minor, get evaluated by a medical professional. This creates a record of your injuries, which is crucial for your claim.
• Report the Accident: File a police report and notify your insurance company promptly.
• Document Everything: Take photos of the accident scene, your injuries, and property damage. Keep records of all medical treatments and expenses.
• Avoid Talking to the Other Party’s Insurer: Anything you say can be used against you. Let your attorney handle communications with the insurance company.
• Contact Morgan & Morgan: Contact a lawyer at Morgan & Morgan as soon as possible to review your case and begin the legal process.

Morgan & Morgan Can Help

The statute of limitations for car accidents is a critical legal deadline that can make or break your case. Adhering to this timeline helps you to protect your rights and secure the compensation you deserve. 

By working with an experienced car accident attorney, you can ensure all deadlines are met, evidence is preserved, and your case is presented as strongly as possible.

Whether you’re negotiating with an insurance company or preparing to file a lawsuit, having a knowledgeable lawyer on your side can make all the difference. Don’t wait until it’s too late—contact Morgan & Morgan today.

Frequently Asked Questions

Do I need to sue for a car accident?

Insurance companies have a rather simple business model. They sell policies that pay money when specific conditions are met. Nearly all of their income comes from policy premiums paid by customers. That income needs to cover all of the expenses of the company.

While many expenses are fixed, there is one major expense that is variable: payments on policies. Because this is a variable expense, it has a significant effect on the net profits of the insurance company. Unsurprisingly, the insurance company does everything possible to minimize this expense.

This is why an insurance company might refuse to sell an insurance policy to a customer it deems risky. But even though insurance companies are particular when choosing customers, accidents still happen, and policyholders eventually make claims.

When a customer makes a claim, the insurance company can still save money if it either denies that claim or pays less than it should. To this end, the company will often look for any reason to underpay a claim. While the law does allow a claim to be denied for specific reasons, insurance companies don’t always follow the law.

If your claim has been denied, your insurance attorney will investigate the reasons for that denial. If your lawyer can prove that you were denied unfairly, they will file a lawsuit on your behalf to get you fair compensation for your claim.

This is why you need to understand the statute of limitations for car accidents in your state. The claims process is usually quite slow, and the insurance company might intentionally delay it if it intends to deny your claim. A follow-up investigation by your attorney will take additional time, even though they will attempt to complete it quickly.

All that time adds up. And when you only have two years to file a lawsuit, as is true in some states, any small delay could put you over the deadline.

The best way to avoid running out of time is to retain an attorney before you even begin the claims process. Your attorney will prevent the insurance company from dragging out the process and will act fast if you are unfairly denied.

Can a car accident attorney help me not need to sue?

You will have no reason to sue an insurance company if you receive the compensation you need after a car accident. If you have an experienced attorney representing you from before you make your initial claim, they can intervene and prevent the insurance company from treating you unfairly.

Filing a Claim

Surprisingly, when a claim is denied, that denial can often be traced back to the client's initial claim. Without realizing they were making a mistake, the client accidentally made a statement that the insurance company could use to deny the claim or lower their compensation.

If you have an insurance attorney representing you from the beginning, you can avoid making that type of mistake. Your lawyer will advise you while you are making your initial claim and stop you from sharing information that would harm your case.

Investigation

Before the insurance company decides whether to deny your claim, it investigates your case. Typically, the investigator working for the insurance company is looking for evidence that can be used to deny your claim or lower the compensation you receive.

Your attorney will support your claim by performing an independent investigation. Unlike the investigator for the insurance company, your lawyer is looking for evidence that supports your claim. Once this evidence is found, it will be submitted to the insurance company to ensure that it isn’t overlooked while decisions are being made about your claim.

Settlement

Even if your claim is approved, the insurance company might offer you a settlement that is well below the compensation you should receive. Most car accident victims don’t even realize that they are being underpaid because they aren’t familiar with how insurance policies work or what payment they should receive.

Attorneys at Morgan and Morgan have decades of experience handling automobile insurance cases. We can accurately determine how much compensation you should get and prove it to the insurance company.

If the initial settlement offer is lower than it should be, we will compile the evidence and use it to negotiate a higher settlement. By negotiating a fair settlement that covers all of your expenses from the accident, we can avoid a potentially long civil trial.

What damages can I receive in a car accident lawsuit?

Whether you settle or sue, your claim may include the following types of damages:

Economic Damages

• Medical expenses (current and future)
• Lost wages
• Property damage

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

Punitive Damages

In cases involving extreme negligence or intentional misconduct, you may also be awarded punitive damages to punish the at-fault party and deter similar behavior.

Is it better to sue or to settle?

This depends on your goals. If you want to receive as much money as possible and don’t care how long it takes, a trial verdict is more likely to maximize the damages you receive. However, if time matters, you will often receive compensation from a settlement within weeks of your car accident.

To weigh your options and learn more about the process, simply contact Morgan & Morgan for a free case evaluation.