How Long After An Accident Can You File A Lawsuit In San Diego?

San Diego Personal Injury Filing Deadline

How long after an accident do you have to file a claim in San Diego? The statute of limitations in California is generally two years.

Why California Has Filing Deadlines for Accident Claims

Although their effects can be harsh, statutes of limitations exist for several reasons. First, the statute gives people and businesses certainty that any legal disputes will be raised within a specific time. This promotes the timely resolution of disputes instead of leaving them to hang over the at-fault party’s head.

Deadlines force accident victims to act diligently rather than sit on their claims. This works in their favor because acting promptly ensures that witnesses can provide accurate testimony and any physical evidence remains available and reliable for use in court.

Deadline for Property Damage Claims

When beginning a lawsuit involving solely property damage, California grants you three years from the date of the accident. There could be exceptions to this timeline, however, so consulting with a lawyer is always a good option.

Deadline for Wrongful Death Claims

The deadline for filing a wrongful death lawsuit is calculated differently from the personal injury deadline. Specifically, you have two years to file a lawsuit for the death of a family member that resulted from the actions of another.

However, unlike a personal injury lawsuit, the wrongful death deadline is calculated from the date of death rather than the date of the accident. This is an important distinction if the accident victim survives after suffering the injury that will eventually cause their death.

California law allows any of the following people to file a wrongful death lawsuit:

• Spouse or domestic partner
• Child or grandchildren, if the child has died
• Heir
• Dependents, including dependent parents
• Personal representative for the deceased’s estate

This extended deadline is important because the surviving family members might not know that their loved one’s death resulted from another party’s negligent or wrongful act. They can use the additional time to consult a wrongful death lawyer.

Shortened Deadlines if Filing Against Government Entities

As is the case in most states, filing a personal injury claim against government entities requires that you first notify them that you are planning on doing so. That’s because the government must “allow” you to begin a case against it. In California, you must notify the government within six months.

Exceptions That Change the Deadline

One exception is the discovery rule, which allows the timeline to start when you discover that you suffered an injury instead of from the date that the injury actually occurred.

If the plaintiff was a minor or incapacitated when the accident happened, the clock would start running when they turn 18 or when the incapacity is resolved.

If the other party leaves the state and can’t be served with a lawsuit, the statute of limitations is tolled until they return to California. If the defendant engages in fraud or concealment of the injury they caused, then that, too, extends the timeline.

What Happens if You Miss the Filing Deadline?

If you miss the filing deadline, you won’t be able to recover your losses. Specifically, the at-fault party will file a motion to dismiss your lawsuit. Your litigation lawyer will present your defenses against dismissal, such as mental incapacity or age under 18, if they apply.

The court will evaluate your defenses and deny the motion if your defenses are credible. Conversely, the court will dismiss your case if the lawsuit missed the deadline and none of your defenses persuade the judge. This dismissal will likely be “with prejudice,” meaning that your claim is forever lost because you cannot fix the problem and refile.

With the lawsuit dismissed, the insurance company has no reason to negotiate with your personal injury lawyer. Specifically, when your claim is time-barred, the at-fault party is not liable to you and, consequently, the insurer is not obligated to protect the at-fault party.

Without a legal claim, you cannot pursue compensation from the at-fault party. As a result, you will be responsible for paying any costs and bearing any losses associated with your accident. This includes any medical expenses and property losses.

Speak With an Experienced Attorney

How long after an accident do you have to file a claim in San Diego? The answer can vary depending on your exact circumstances, so it’s vital that you consult with a lawyer. At ConsumerShield, we can connect you with local attorneys who can fight for your rights. Contact us to get started.