How Long After Car Accident Can You Claim Injury

Life can change in an instant. A sudden car accident can leave you or a loved one facing physical pain, financial strain, and ongoing uncertainty about the road ahead. If you are in this situation, you might wonder how long you have to file a claim for injuries caused by the accident. The answer depends on where you are and the laws of your local jurisdiction. For residents of California, this question is crucial, as state law imposes specific deadlines for taking legal action after an accident.

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Why Time Limits Matter

Time matters when filing a personal injury claim for several reasons. After an accident, you might not immediately recognize the full extent of your injuries. Some injuries, such as whiplash or traumatic brain injuries, may take days or even weeks to appear. On top of that, the stresses of dealing with insurance adjusters, organizing repairs at a local shop like the one down the road from Americana at Brand, or recovering physically can make it easy to lose track of time. 

Yet failing to act within the legal deadlines could mean forfeiting your chance to seek compensation.

What Is a Statute of Limitations?

The statute of limitations refers to the legal deadline for filing a lawsuit. Every U.S. state has rules for how long you must file a personal injury claim. Once the statute of limitations expires, courts are typically barred from allowing any claims, regardless of their merit. This means that if you miss the deadline, you could lose your chance to recover compensation for injuries.

Be aware that the statute of limitations applies to lawsuits, not insurance claims. Insurance companies themselves often have deadlines for reporting accidents. If you’re dealing with a company like State Farm, GEICO, or Progressive, for instance, you should notify them as soon as possible to avoid jeopardizing your chances of filing a claim.

Now that we’ve established what the statute of limitations is, let's take a closer look at how this plays out under California law.

Filing a Personal Injury Claim in California

If you’ve been injured in a car accident in California, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. This is outlined under California Civil Code §335.1. However, it’s not as simple as marking the date on your calendar and waiting two years. There are important nuances to be aware of that could impact your timeline:

1. The Discovery Rule

Under California law, the clock doesn’t always start ticking right on the date of the accident. If you didn’t discover your injuries right away, the statute of limitations might begin from the date you reasonably should have discovered the injury. For example, if you developed a concussion from the accident but didn’t realize the severity of it until weeks later, the discovery rule could extend your deadline.

2. Claims Against a Government Entity

If the at-fault driver in your accident was operating a government vehicle—think LAPD patrol cars or Glendale city maintenance trucks—the rules are different. Claims involving government entities in California have a much shorter timeline. You must file a notice of claim within six months from the accident date. After that, if the government agency denies your claim, you’ll have another six months to file a lawsuit.

3. Claims For Minors

If a child under 18 is injured in a car accident, the statute of limitations is typically tolled until they turn 18. For example, if a 10-year-old is injured in a crash near the Glendale Galleria, they will typically have until their 20th birthday to file a claim.

4. Wrongful Death Claims

If you’ve lost a loved one in a car accident, California law allows family members to file a wrongful death lawsuit within two years of the date of death. It’s important to remember that this date may differ from the date of the accident if the victim succumbed to their injuries sometime later.

Why Waiting Could Hurt Your Case

Although California’s two-year timeline may sound generous, waiting to take action can pose certain risks. Here’s why acting sooner rather than later is crucial:

• Evidence Can Be Lost: Witnesses may forget what they saw. Surveillance footage from intersections like Brand Boulevard and Colorado might be deleted. The longer you wait, the harder it can be to build your case.
• Insurance Companies Will Fight Back: Large insurers like Allstate or Farmers Insurance may argue that delays in reporting your injuries suggest they weren’t caused by the accident.
• Medical Expenses Must Be Addressed: Delaying your claim can put financial pressure on you and your family, especially if you’re facing costly treatment or ongoing rehabilitation.

What if I'm Partly to Blame for My Car Accident?

After a car accident, it’s common to feel unsure about who was at fault. Sometimes, the accident might be a mix of errors—for instance, if another driver ran a red light while you were slightly exceeding the speed limit. If you believe you may be partly responsible, you might wonder if you’re still eligible to claim compensation for your injuries. The good news is that in California, you don’t have to be entirely blameless to recover damages. That’s because the state follows a legal principle called comparative negligence.

California operates under a “pure comparative negligence” system. This means that even if you share some responsibility for a car accident, you can still recover damages for your injuries. However, the amount of compensation you receive will be reduced by the percentage of fault assigned to you.

For example, imagine you are involved in a collision near Griffith Park. If it's determined that you were 25% at fault for the accident, you would still be entitled to 75% of the total damages. This approach ensures that even if you make a mistake, you are not unfairly barred from seeking the compensation you need to cover your recovery and rebuild your life.

How Is Fault Determined?

Determining fault in a car accident can be complex and often involves a detailed investigation. Common factors considered when assessing blame include:

• Police Reports: Officers responding to the scene often document their observations, which can provide important insights into what happened.
• Witness Statements: Testimonies from pedestrians, passengers, or drivers can help paint a clearer picture of the event.
• Traffic Laws: Analyzing which laws were violated by each party helps to apportion fault.
• Accident Reconstruction: Professionals may analyze physical evidence like skid marks, vehicle damage, or surveillance footage from intersections near areas like Hollywood Boulevard to determine how the collision occurred.

Each factor contributes to assigning a percentage of fault to the parties involved.

How Fault Affects Your Compensation

While California’s system allows you to recover damages even if you’re partially at fault, there’s an important trade-off. The more blame assigned to you, the less compensation you’ll receive. Insurance companies, particularly large ones like GEICO or State Farm, are well aware of this and may work hard to exaggerate the degree of your fault to reduce their payout.

This is why it’s critical to have strong evidence to support your claim and protect yourself from being unfairly blamed. Hiring an experienced personal injury attorney can be especially helpful to ensure that your side of the story is properly represented and your compensation isn’t unnecessarily diminished.

Steps to Take After a Car Accident

To protect your legal rights and stay within the statute of limitations, follow these practical steps:

1. Seek Medical Attention Immediately

Even if you feel fine, visit a doctor. Car accidents often cause internal injuries that aren’t immediately evident. Clinics near Glendale Adventist Medical Center or Dignity Health’s Glendale Memorial Hospital are good starting points for residents in the area.

2. Report the Accident

Notify local authorities and file a report with the police or highway patrol. This documentation can later be crucial if you need to prove fault.

3. Inform Your Insurance Company

Reach out to your insurer as soon as possible. Remember, most policies require prompt reporting for coverage to apply. Provide accurate details, but avoid making statements that could be misconstrued.

4. Document the Accident

Take photos of the accident scene, including vehicle damage, road conditions, and any visible injuries. If the accident was near The Americana at Brand parking structure or any notable landmarks, note that location in your records.

5. Consult an Attorney

Handling a legal claim on your own can be overwhelming. Consulting an experienced personal injury lawyer can bring peace of mind and increase your chances of fair compensation.

What If You Miss the Deadline?

Even if you think you’ve missed the deadline to file a claim, don’t automatically assume you’re out of options. Some exceptions to the statute of limitations may apply. For example, if the defendant left California after the accident, time out of state may not count toward the two-year deadline. Contact an experienced car accident lawyer to discuss your case.

It's About Moving Forward, Not Just Money

Filing an injury claim is not about being greedy or getting a payday—it’s about securing the financial resources you need to move forward. An accident can leave you with hospital bills, lost income, and the need for long-term therapy. Compensation helps ensure you and your family can recover without unnecessary financial stress. It’s about making sure you have the support to rebuild your life after an accident, whether that involves ongoing medical care or adapting your home for recovery.

When dealing with insurance companies, remember that their goal is to minimize payouts. They might offer you a lowball settlement right after the accident, betting that you’re too overwhelmed to push back. This is where having legal guidance can make all the difference.

How a Lawyer Can Help You

Dealing with a car accident claim can be overwhelming. Between medical bills, missed work, and the insurance companies, it’s easy to feel lost. This is where a skilled lawyer can make all the difference, offering both professional guidance and peace of mind. Here’s how they can help:

• Handle Complex Legal Processes
  A lawyer understands California's legal system, including the statute of limitations and comparative negligence rules. They ensure all paperwork is filed accurately and on time.
• Advocate During Insurance Negotiations
  Insurance companies often aim to minimize payouts. An experienced attorney negotiates on your behalf to seek fair compensation for medical expenses, lost wages, and other damages.
• Gather and Preserve Evidence
  From analyzing police reports to collecting witness statements, a lawyer builds a strong case by organizing and presenting crucial evidence.
• Protect Your Rights
  They ensure you aren’t taken advantage of during the claims process and that your voice is heard throughout every step.
• Reduce Stress and Focus on Recovery
  By managing the details of your case, a lawyer allows you to concentrate on healing while they work toward securing the best possible outcome.

A trusted attorney can make navigating life after an accident far less daunting. With their knowledge and advocacy, you can move forward with confidence, knowing your rights and interests are being prioritized.

Legal Fighters: Fighting for California Car Accident Victims 

The days and weeks after a car accident can be one of the most challenging chapters in your life. Knowing how long you have to file a claim is the first step toward protecting your rights and securing the compensation you need to recover. If you or a loved one has been injured in a car accident in California, don’t be discouraged by legal complexities. Instead, take action and explore your options for holding negligent parties accountable.

At Legal Fighters, our compassionate attorneys are dedicated to helping you every step of the way. Our Glendale-based team works tirelessly to ensure you receive not only financial compensation but also the justice and support you need after a traumatic event. Contact us today at (800) 210-0000 or through our online form for a free, no-obligation consultation. Remember, your victory starts here!