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Time Limit on Filing Suits in Car Accident Cases in California

By October 1, 2021No Comments

Getting into a car accident is quite stressful — and if you’ve been injured in a car accident in California, you’ll need to contact a personal injury lawyer as soon as possible to ensure your rights are protected.

California laws are very specific when it comes to filing a claim after a car accident. Under Cal. Code of Civ. Proc. § 335.1, you only have two years from the date of the accident to file a personal injury claim. If, however, you want to file a claim based on damage to property (including damage to your vehicle), Cal. Code of Civ. Proc. § 338 allows you up to three years from the date of the accident to file your claim.

It isn’t advised, however, to wait until the statute of limitations is nearly expired to begin the proceedings of filing a claim.

First of all, if settlement negotiations get compromised, and you haven’t hired an attorney, you will be left with no recourse.

Second, an attorney will be able to advise you on laws and statutes that you, as a layperson, aren’t necessarily aware of. For example, are you aware that California is a pure comparative negligence state — meaning that the amount of compensation that you may, or may not, receive in an accident is dependent upon your percentage of fault in said accident? Many California residents have a topical awareness of this law, but only the best personal injury lawyer can navigate through the waters of this admittedly complex law to their client’s advantage.

If you or someone you love has been injured in a car accident due to the negligence of others, contact Lederer Nojima for a consultation with one of our attorneys.

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