Personal Injury Law Blog

How Long After an Accident Can You Sue In California?

First, you need to seek medical attention. Second, if your injuries were caused by someone else, you need to consult an experienced California personal injury attorney as soon as possible to protect your legal rights. You have a limited period of time after your accident to seek compensation for your injuries.

Get started on your claim today by contacting us online for a free, no-obligation consultation.

In California, the statute of limitations (amount of time you have to pursue legal damages) for most personal injuries is two years from the date of the accident

How Long Can You Wait to Sue Someone for Personal Injury?

The clock usually starts on the date of your accident in California. The amount of time you have to file a personal injury lawsuit depends on who you believe is responsible for your injuries.

If you believe a private party is responsible for your injuries, you have two years to file a personal injury lawsuit. If you believe a governmental organization (city, county, or state agency) caused your accident, the statute of limitations in California is reduced to six months

There are extenuating circumstances that can impact when the clock starts. We recommend speaking with an experienced Los Angeles personal injury attorney about your case as soon as possible.

How Long After a Car Accident Can You Sue Someone?

There are two separate statutes of limitations for car accidents in California. The first deals with your right to file a car accident lawsuit in California – the statute of limitations is two years. 

However, you have up to three years to seek compensation for property damages (the cost of repairs to your vehicle after an accident). The state of California understands that it can take time for vehicles to be repaired or replaced after an accident, and some damage may not be readily apparent, resulting in expensive future repairs.

To understand how California’s personal injury laws apply to your accident and how long after an accident you have to sue, you should seek guidance from lawyers that handle accident claims.

Wrongful Death Claims after Car Accidents in California

Unintentional injuries are a leading cause of death in California. Among these types of accidents, car accidents are the leading cause of death

If you lost a loved one in a car accident, you have up to two years from their death to file a California wrongful death claim. It’s important to note that the clock (statute of limitations) does not necessarily start on the date of the accident. Tragically, some accident victims pass away at a later date as a result of the injuries they sustained.

You will probably receive pushback from the at-fault party and their attorney(s) if the deceased passed away at a significantly later date, following their accident. They may try to claim that something else, or a combination of medical issues led to their passing – minimizing their liability for their death.

The sooner you contact an attorney after an accident, the easier it is to establish a link between the accident and the injuries it caused, up to and including the untimely passing of the victim.

How Long do You Have to File a Lawsuit in California?

As a leading personal injury law firm in Los Angeles, the personal injury experts at Glotzer & Leib, LLP are often asked about the amount of time you have to sue someone, even if it isn’t a personal injury case.

Statute of Limitations for Small Claims in California

Did you know that in 2017, the most recent California Court Statistics Report shows that 163,575 small claims were filed? While we specialize in personal injury claims that are not handled in small claims court (Attorneys cannot represent you in small claims court.), here are a few answers to common questions we receive about these types of legal issues:

$10,000 is the maximum amount individuals can pursue in California small claims court. Sole-proprietorships are considered individuals, but other types of corporations are limited to a maximum claim of $5,000.

You may only file up to two small claims in excess of $2,500 per year. There is no limit on the number of small claims you can file for less than $2500.  

Minor fender benders, if there were no injuries involved, are often handled in small claims court.

More serious accidents where significant bodily injuries occurred (for example, motorcycle injury accidents and pedestrian accidents) will require the help of an experienced attorney to pursue the full value of your claim.

Discuss Your Case With a Southern California Personal Injury Attorney

If you have questions about your legal rights after an accident in Southern California, we encourage you to speak with a personal injury expert on our team. 

We offer free consultations.

We hope you found this information helpful, but remember, the information published here is no substitute for the personalized advice that an attorney can offer you, based on the specific facts and circumstances of your accident.

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