In every state across the country, you have a specific window of time in which you are eligible to file a personal injury lawsuit before you are barred from ever filing one. This is referred to as the statute of limitations and it usually depends on the kind of case that you intend to file. The statute of limitations impacts car-related legal claims in California and sets out a two-year deadline in the specific situation. The best way to protect your rights to file for compensation is to have your case evaluated sooner rather than later. Speaking with an attorney does not obligate you to file a claim, but it does give you a chance to get your questions answered.
The clock usually begins running for the California statute of limitations differently depending on whether or not the accident resulted in death or in an injury. If any individual was hurt in the accident including a passenger, motorcycle rider, pedestrian, bicyclist or driver, they have two years to file a lawsuit from the date of the accident.
If an individual passes away as a result of the accident, however, and the family intends to forward with a wrongful death case against the driver at fault, the clock begins on the date that the person passes away, even if this is different from the date of the accident. It is imperative to speak with an attorney as soon as possible even if you are not yet sure that you intend to file a case. This is because if you let the clock run out and the statute of limitations window passed then you may be barred from ever filing a lawsuit. It is much better to get your questions answered before the statute of limitations expires just in case. Doing so could help you get valuable information about whether it is in your best interest to file a lawsuit without exceeding the California statute of limitations.