Law Office of Alan Kansas, LLC

Is There A Time Limit To Sue After A Los Angeles Car Accident?


When you’re hurt in a Los Angeles car accident, you might wonder what you need to do in order to receive fair compensation for your injuries. You might think about locating the right court to file your case, how to prepare your paperwork and finding the right Santa Monica car accident lawyer for the case. All of these things are important to getting the best possible recovery for your injuries.

Time Limits to Bring a Case

Among all of the other things that you need to consider is the time limit to bring your case. Under California law, you have a limited amount of time to bring your case for recovery. This is called a statute of limitations. Your downtown LA car accident attorney knows that you can lose your case on a technicality if you miss the time limit that’s imposed by the statute of limitations.

You must prepare your paperwork to begin your court case and file it in the proper court before the statute of limitations expires. If you don’t, you can lose your chance to file the claim and get a fair recovery. In most cases, it’s advantageous to contact downtown LA car accident attorneys as soon as possible after you’re hurt.

California Law

In California, you typically have two years from the date of your car accident to bring your case. California Rule of Civil Procedure 335.1 sets the time limit of two years. The clock starts ticking the day that your injury occurs. In addition to being the time limit for car accident cases, it’s also the time limit for other types of personal injury cases.

Cases Against a Government

There’s one important exception. That exception is for claims against a government. If you’re bringing a case against a city, county, state or other government in California, you have only six months to bring the case. This makes it extremely important to contact your downtown LA car accident attorneys as soon as possible. You may be surprised to learn that you should file your case against a government entity, and that means making sure you file the case within the shorter time frame.

The Discovery Rule

Although there’s an exception to the statute of limitations, it usually doesn’t apply to car accident cases. The exception applies in cases where you don’t realize that you’re hurt. In that event, you can bring a case later. Although you can’t take steps to willfully ignore your injuries, if a reasonable person wouldn’t have noticed the harm, you can extend the statute of limitations to bring your case.

The Case Can Take Longer

The statute of limitations is the time limitation to file the case. It’s not the time limitation to conclude the case. Once you get the case filed, as long as the case isn’t dismissed, the case can take as long as it’s going to take, and you won’t run afoul of statute of limitations rules. Rest assured that the other side can’t win their case by causing delays.

Don’t Wait to Contact an Attorney

Even though you have several months to file your claim, your best bet is to contact a Santa Monica car accident lawyer as soon as you can after your accident. Making contact with your downtown LA car accident attorneys as soon as possible can give them time to investigate your case. This extra investigation can help you make sure that you file your case against the right entity. The extra time can also ensure that you prepare the case carefully to include every type of damages that you may deserve. Your downtown LA car accident attorneys can listen to your story, evaluate your case and make the best possible plan for success.

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About the Author

Whether you are working through an employment law matter or think you have a personal injury case, Alan Kansas, Esq. can help you find the representation you need.