Car accidents are a common occurrence on American roads, leading to injuries, property damage, and sometimes even fatalities. In many cases, the first concern of those involved in a car accident is to seek medical attention and get their vehicle repaired. However, the legal implications of a car accident can linger long after the incident itself. One of the most pressing questions that people involved in a car accident may have is how long someone can sue them after the accident. This article will explore the answer to this question.

Statute of Limitations

The time limit for filing a lawsuit after a car accident is determined by the statute of limitations. The statute of limitations is a law that sets a specific time period within which a person must file a lawsuit after an incident. In most states, the statute of limitations for a car accident injury lawsuit is two or three years from the date of the accident. However, this time limit can vary depending on the state and the type of claim being filed.

For example, in California, the statute of limitations for a personal injury lawsuit resulting from a car accident is two years from the date of the accident. In contrast, in New York, the statute of limitations for a personal injury lawsuit resulting from a car accident is three years from the date of the accident. It is essential to know the statute of limitations in your state so you or your auto injury lawyer can avoid missing the deadline to file a lawsuit.

Tolling the Statute of Limitations

In some circumstances, the statute of limitations may be “tolled,” or extended, which means that the clock stops running for a period. This can happen in situations where the injured person is a minor or is mentally incapacitated. In some instances, the statute of limitations may also be tolled if the defendant leaves the state or is incarcerated.

Another situation where the statute of limitations may be tolled is when the injuries resulting from the car accident are not immediately apparent. This is known as the “discovery rule,” and it applies in cases where the victim did not know that they had suffered an injury until some time after the accident. In such cases, the statute of limitations may be tolled until the victim discovers the injury.

Negotiating with Insurance Companies

In most car accident injury cases, the victim will file a claim with the insurance company of the at-fault driver. The insurance company will then initiate an investigation of the claim and determine whether to offer a settlement to the victim. If the victim accepts the settlement, they will sign a release form that waives their right to sue the at-fault driver for any injuries resulting from the accident.

It is important to note that accepting a settlement offer from an insurance company will typically end the victim’s ability to sue the at-fault driver beyond the timeframe established by the statute of limitations. As such, it is crucial to consult with an attorney before accepting any settlement offers to ensure that the victim’s legal rights are protected.

Conclusion

While the aftermath of a car accident can be overwhelming, it is essential to be aware of the legal implications and deadlines associated with such incidents. By understanding the statute of limitations and consulting with an attorney, those involved in a car accident can protect their legal rights and ensure that they receive the compensation they deserve.

Don’t let a car accident take control of your life. Let the professional lawyers at Car Accident Help guide you through the legal process and help you get the compensation you deserve. Our experienced auto injury lawyers are dedicated to helping victims of car accidents recover from their injuries and move forward with their lives. We’ll help you with your car accident injury claim and handle all the legal aspects of your case, so you and your family can focus on your recovery. Contact us today to schedule an appointment, and let us help you get the justice and compensation you deserve.