Speeding, distracted or drunk driving, and other kinds of negligence frequently lead to catastrophic car crashes in California. In fact, in 2024 the state saw more than 18,000 injury and fatality causing car accidents. When these accidents cause serious injuries, lawyers help sort things out. If you sustain injuries in a car accident, filing a personal injury claim may be low on your list of priorities. Dealing with your medical issues and insurance agents can feel overwhelming, but if you wait too long to act, you could lose out on compensation that could help you recover completely. Consulting a personal injury attorney to expedite your claim can greatly improve your chances of winning your case, so don’t delay!
Why Should You File Your Personal Injury Claim Quickly?
If you’re injured in a car crash, there are many reasons to pursue compensation as soon as possible, including:
Maintaining Access to Evidence
To make a successful personal injury claim, you’ll need to gather and preserve evidence like witness statements, photos or videos of the accident scene, police reports, and medical records. Waiting too long could make it harder to collect the necessary documents you need to make your case. Without an attorney's guidance, you could lose out on your claim.
Avoiding Errors
After a car wreck, you may need to speak to law enforcement officers, doctors, and insurance agents. Unfortunately, it's easy to say something to these parties that could harm your case later on. A personal injury attorney can protect your rights by speaking on your behalf and prevent you from making mistakes that could put you at risk of loss. Consulting a lawyer quickly can help you win your claim.
Calculating and Securing Damages
If you’re injured in a car accident, you may want to pursue compensation for your medical bills, pain and suffering, lost wages, and damage to your property. To calculate your potential claim, you and your lawyer need to know the extent of your medical treatment needs. Waiting to contact an attorney or file your claim could result in a failure to secure the money you’ll need in the future.
Meeting the Statute of Limitations
California has a statute of limitations for filing a personal injury lawsuit so that the court can use recent, available evidence to review your claim. After the deadline passes, your claim may be invalid. There are a few exceptions to the statute of limitations where the time period to file a claim may be extended including situations where the plaintiff is a minor or is incapacitated. Filing your case without delay is key to getting the compensation you deserve.
When Can You File a Personal Injury Claim After a California Car Accident?
If you’re in a car accident in California, you’ll typically lose the right to claim damages once the California statute of limitations expires. To pursue legal action, you should consult a personal injury attorney without delay, even if you’re recovering from the crash.
When you’re healing from your injuries, trying to get back to work, and dealing with medical bills, it can be easy to forget that there’s a legal deadline for filing your personal injury claim. In California, you have two years from the date of the accident to file a personal injury lawsuit unless you collide with a government vehicle, like a police car or a state fleet car. In the latter case, you must submit a standardized claim form to the agency that owns the vehicle within six months of the accident if you want to file a lawsuit. The agency has 45 days to respond, and if they respond on time, you’ll have six more months to file your personal injury claim. If the agency doesn’t respond, you may have up to two years to file your claim.
When Does the Countdown to File a Personal Injury Claim Start in California?
When you seek to file a personal injury claim after a car crash, the clock typically starts running on the date of the accident unless the discovery rule applies. If your injuries take time to surface, the clock may start when they become apparent. California rarely makes exceptions to the statute of limitations, so don't procrastinate. You shouldn’t expect special treatment from the courts if you fail to file your claim on time.
When Should You Consult a Personal Injury Attorney?
Personal injury claims have the greatest chance of success when you’ve retained an experienced lawyer who has access to fresh and sufficient evidence. You’re much more likely to receive fair compensation for your injuries when you file your claim promptly. Otherwise, you may fail to gather the physical evidence or witness testimony you need to win your case.
A skilled personal injury lawyer can navigate the legal complexities of your claim. If the circumstances of your case change, your lawyer can protect your interests. If an insurance agent tries to limit your payout, your attorney can negotiate a better settlement. If you're receiving ongoing medical care for serious injuries, or your case is disputed, or there are multiple liable parties involved, your attorney can help you prevail.
Don't Wait to File Your Claim
When you sustain injuries in a California car crash, you should take legal action as soon as possible. A knowledgeable personal injury attorney will fight to protect your rights and secure the compensation you deserve.
