Statutes of Limitations Imposed on Car Accident Claims

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The days in the aftermath of a car accident can be extremely chaotic, especially when you have been injured as a result of the incident. Be aware that there are limits, called statutes of limitations, that allow claims to be brought in court for only a certain period of time after an injury. These limitations vary by state. Keep reading for more information on what a statute of limitations is and how it could impact your ability to file a lawsuit.

What Is a Statute of Limitations?

A statute of limitations is essentially a law that prevents a claimant from bringing a court case after a certain period of time has passed. The timeframe for filing lawsuits after a vehicle crash depends upon the state in which the accident. These statutes of limitations are enforced for civil and criminal court cases. They begin on the date of injury or the date it was discovered or could have been reasonably discovered.

What Are the Statutes of Limitations?

For personal injuries experienced in car wrecks, the statute of limitations varies between one and six years, depending on the state. On the other hand, property damage claims can be barred anywhere from one to ten years after an accident.

Are There Exceptions?

There can be exceptions to the statutes of limitations imposed on car accident lawsuits. Those could include when the defendant is no longer in the state. In some cases, courts may allow you to wait until the other party returns to file the lawsuit. An extension may also be granted if the defendant is legally incompetent or unfit to stand trial until the other party is competent. 

What Should I Do?

If you have been injured in a car accident, you should meet with several attorneys as quickly as possible to ensure you can file a claim within the statute of limitations. Of course, your health takes precedence over everything, so get yourself well enough before worrying about lawsuits. If you are not well enough, you could have your spouse or another loved one get the process started for you. Discuss your options with several law firms and make a determination as to who you feel will best represent your interests in a lawsuit.

Contact an attorney today if you were injured in a car accident and feel you may be entitled to compensation from the at-fault party.

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COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U๐Ÿ’ฏ
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May 25, 2022.
The legal team at cohen & cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job
Lea Harvey
May 25, 2022.
I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
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