How Long After Car Accident Can You Claim Injury?

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Written by Auto Accident Team

Last Updated: September 24, 2024

After a car accident, it is natural to feel uncertain about what to do next – especially when it comes to understanding your rights and relevant deadlines. One of the most critical factors is the statute of limitations, which sets the legal deadline for filing an injury claim. In both California and Texas, you have two years from the accident date to take action. Missing this window could result in losing your right to seek compensation for your losses. Whether your injuries appear immediately or surface later, knowing the statute of limitations helps protect your ability to get the support you need.

The Auto Accident Team connects you with auto accident lawyers who understand the importance of acting quickly within these deadlines. Navigating state-specific laws can be overwhelming, especially while you are healing. We will connect you with legal professionals who will assess your accident promptly, guide you through each step of the legal process, and ensure all deadlines are met. We focus on getting you the right help at the right time, so you can prioritize your recovery.

What Is the Legal Time Limit for Filing an Injury Claim?

In Georgia, Texas, and California, the statute of limitations for filing a car accident claim is two years from the date of the accident. This means you generally have up to two years to file a claim for compensation related to injuries or damages caused by the incident. If you miss this deadline, you may lose the opportunity to pursue any compensation.

However, there are several common exceptions that can extend or modify this time limit, including the following:

  • Delayed Discovery: If an injury was not immediately apparent after the accident, most states allow for an extension under the “discovery rule.” The statute of limitations begins when you discover the injury rather than the date of the accident.
  • Minors: For victims under 18 at the time of the accident, the statute of limitations in the majority of states is paused until they reach legal adulthood. In this scenario, the two-year period begins once they turn 18, giving them until age 20 to file a claim.
  • Incapacitated: In Georgia, Texas, California, and the majority of US states, the statute of limitations does not start for victims that are mentally incapacitated or suffering from a coma, until they have regained consciousness or mental acuity.
  • Government Claims: If a government entity is involved, some states may have much shorter deadlines (Texas & California), typically requiring a claim to be filed within six months of the accident. Missing this deadline could prevent further legal action.

We will connect you with an attorney who knows the specific rules in your state to help ensure you do not miss any critical deadlines.

What Factors Can Impact The Timeline of Your Claim?

While the statute of limitations in your state provides a clear deadline for filing your claim, several factors can impact how quickly or slowly your case moves forward, such as:

Severity of Injuries and Ongoing Medical Treatment

The extent of your injuries and the duration of your medical treatment can significantly impact the timeline. If your injuries require long-term care or ongoing rehabilitation, it usually is in your best interest to wait until you are fully healed before resolving your claim. This ensures that all medical costs and future needs are properly accounted for in your compensation.

Insurance Company Delays and Tactics

Insurance companies may use various strategies to delay the claims process, such as requesting excessive documentation, disputing liability, or making lowball offers. These delays can extend the timeline, making it critical to have an attorney who is experienced in countering these tactics and pushing for timely resolutions.

Gathering Evidence and Building Your Case

The time it takes to collect evidence, such as police reports, medical records, witness statements, and expert opinions, can influence the time it takes to resolve your accident claim. Complex cases or those involving multiple parties typically require even more extensive investigations.

Negotiation and Compensation Efforts

Many claims are resolved through negotiations with the insurance company before they ever reach the courtroom. However, if negotiations stall or the insurance company refuses to offer a fair amount, it can prolong the process. The back-and-forth nature of negotiations may add weeks or even months to the timeline.

Litigation and Court Delays

If your case goes to trial, additional delays can occur due to court schedules, procedural requirements, and potential appeals. Litigation typically extends the overall timeline but may be necessary if a fair final compensation amount cannot be reached.

Take Control of Your Claim Timeline With the Auto Accident Team

At the Auto Accident Team, we connect you with attorneys who have extensive knowledge of your state’s statute of limitations and are ready to guide you through every step of the process. From ensuring your claim is filed on time to addressing potential delays, having the right legal support can be the key to securing the medical care and compensation you deserve.

Do not let missed deadlines or insurance company delay tactics stand in your way. We are here to connect you with the resources you need to move forward confidently and with peace of mind. Contact us today at (877) 236-2391 or visit our contact form to get started.

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