Westlake Village Car Accident Statute of Limitations

After a high-speed traffic accident that has left you seriously injured, it is understandable to want to focus on getting through each day as you recover from the harm you sustained. However, it may be crucial to take proactive legal action against the person at fault for your crash as soon as possible after it occurs—not just because important evidence may degrade or be lost, but because state law sets a time limit on your right to seek civil recovery for personal injuries.

The Westlake Village car accident statute of limitations is a critical legal requirement you must understand and comply with in order to protect your ability to pursue compensation through a lawsuit or settlement demand. Here is a brief overview of what state law says about this procedural hurdle, as well as what a car accident attorney from Block LLP could do to help you build a strong case within applicable deadlines.

What Is the Standard Deadline for Filing Suit Over Car Crash Injuries?

California Code of Civil Procedure § 335.1 is the statute of limitations for auto accident claims in Westlake Village, as well as most other types of personal injury claims filed in the state. As per this section of the law, you have a maximum of two years to file suit against someone else who you believe directly caused you injury through their own reckless, careless, or unlawful actions, or else you will be time-barred from ever receiving civil compensation for the injury in question.

The two-year filing period for auto accident claims typically starts on the date of your actual accident, but there are a few exceptions to that rule, which one of our attorneys could explain during an initial consultation. For example, under the discovery rule, you can toll—or push back—the starting point for your two-year filing window to account for a period of time in which you did not yet know and had no reasonable way of knowing about your injuries.

Unique Time Constraints for Claims Against Government Entities

If the person at fault for your Westlake Village car accident was a government employee who was working at the time of the incident, the standard filing deadlines mentioned above do not apply to you. Instead, you are subject to different deadlines established under the California Tort Claims Act, which lists auto accidents as one of a few exceptions to the sovereign immunity that government entities usually have from civil liability.

Generally, you have no more than six months after the date of your accident to file suit in this kind of situation, regardless of how serious your injuries are. There may be additional deadlines and rules to follow if you intend to sue a local government body rather than the state—something our team could discuss with you in more detail during a confidential meeting.

Call a Westlake Village Attorney For Help Filing a Car Accident Claim Within the Statute of Limitations

If you wait too long to formally start the litigation process after getting hurt in a car crash, you will permanently lose the right to file suit over that crash. Furthermore, since you would have no way of legally suing for damages, any insurance company or at-fault driver you were trying to negotiate a settlement with would have no reason to negotiate in good faith or even offer a settlement at all past that point.

Fortunately, you could avoid these and many other obstacles to civil recovery by working with the experienced legal team at Block LLP.

Call us today to discuss your potential claim or to learn more about how the Westlake Village car accident statute of limitations may impact your rights.