The first crucial step to take in seeking compensation for injuries, damages, and other losses is to file a car accident claim. Note that every state imposes a specific time limit, known as the statute of limitations, within which you must file your claim.
It is important to understand the reasons behind the statute of limitations for car accidents, any possible exceptions, and the consequences of missing the deadline.
What is the Statute of Limitations?
The statute of limitations is the legal deadline for filing a lawsuit after an accident. This time frame varies by state, but on a general note, it usually ranges from one to six years.
Some states allow two to three years to file personal injury claims related to car accidents. The clock usually starts ticking from the date of the accident.
However, there are exceptions where the timeline may begin later, which all depend on some specific circumstances.
Reasons Behind the Statute of Limitations
The statute of limitations is in place to ensure fairness in legal proceedings and also to encourage the timely filing of claims.
Here are the main reasons for its enforcement:
1. Preserving Evidence
Over time, your evidence can be lost or degraded, and even witness memories can also fade. The set deadline ensures that accident cases are resolved while evidence is still reliable.
2. Legal Certainty
The statute of limitations provides a sense of closure for all parties involved. The potential defendants are not left in perpetual fear of lawsuits years after the incident had taken place.
3. Efficiency in Legal Proceedings
When you file your claim on time, you’re promoting a quicker resolution of your case. This prevents backlogs of cases in the legal system.
Exceptions to the Statute of Limitations
Even though the statute of limitations sets a strict deadline, there are still exceptions that may allow the extension of your filing period. These exceptions depend on the specific details of your case as well as the laws of the state.
Discovery Rule
There are cases where the injuries or damages from a car accident may not be immediately apparent. The discovery rule allows the statute of limitations to begin when the injury or damage is discovered rather than the exact date of the accident.
Minor Plaintiffs
If the victim involved is a minor, the statute of limitations is typically paused until they reach the age of majority (usually 18 years old). After that, the regular time limit will start counting.
Mental Incapacity
If the injured person is mentally incapacitated at the time of the accident, the statute of limitations may be extended until they recover or until a legal guardian can file on their behalf.
Consequences of Missing the Deadline
Failing to file your claim within the statute of limitations usually results in losing your right to pursue compensation. Once the deadline passes, courts are likely to dismiss the case, and insurance companies have no obligation to settle.
To avoid this, it’s crucial to act promptly after an accident. This is why you must consult a car accident attorney early to help ensure your claim is filed on time and complies with all the legal requirements.
