Car Accident Claim Time Limits

If you’ve suffered a serious car accident injury that has negatively impacted your life, you may be wondering if your situation is worthy of a motor vehicle accident lawsuit. You may be curious as to how much money you may be entitled to following an accident caused by the negligence or reckless driving of someone else. If you have lost time from work, if you have costly medical expenses, and if you’ve endured pain and suffering that affects your day-to-day life, you may have a valid claim for damages.

Following a car accident, you have two choices: to file a car accident claim through your insurance company, or to file a personal injury lawsuit with an attorney.

A short meeting with one of the New York or Florida attorneys at McPhillips, Fitzgerald & Cullum LLP is all it takes to find answers to your questions about whether there is a basis to file a personal injury claim.

One factor to always have in mind when contemplating taking legal action is that every state has what are called “statutes of limitations” on filing legal action. Most states have a two-year statute of limitations on filing a personal injury claim following a car accident, some states have a three-year limit, and some states allow an even longer time limit.

Statute of Limitations for Car Accidents

A statute of limitations is a state law that assigns an “expiration date” to your right to have the court hear any kind of civil case related to your car accident.

Special circumstances can affect the filing deadline set by the statute of limitations. These may include factors such as:

  • The injured person was a minor at the time of the accident
  • The injured person was mentally incapacitated at the time of the accident
  • A governmental agency is the responsible party

It’s important to note that the statute of limitations deadline only applies to the filing of a lawsuit. The insurance claim process through your car insurance company almost always starts well before the deadline to file suit becomes a factor.

The longer you wait to meet with an experienced injury attorney following a car accident, the more you increase the risk that you may not file your claim in time. If you wait too long and the statute of limitations expires, even the best attorney will not be able to help you.


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