Deadline to Get a Lawyer After a Car Accident (2025)

Legal Deadlines: Statute of Limitations

One of the primary deadlines you need to consider is the statute of limitations in your state. This law sets the maximum amount of time you have to file a lawsuit after a car accident. In most states, the statute of limitations is either two or three years. It can be as short as one year (Louisiana and Tennessee), or as long as six years (North Dakota).

If you miss the statute of limitations deadline, then you may be barred from starting a legal claim. However, there are circumstances where the deadline is longer than a few years from the car accident. For example, most statute of limitations laws allow the time to run from the date you became aware of an injury. If you weren’t aware that you suffered an injury at the time of the accident, your deadline wouldn’t start until you became aware.

Exceptions to the statute of limitations can extend your ability to file a claim. For instance, if the injured party is a minor, many states allow the clock to start when the victim turns 18. Similarly, if you discover an injury well after the accident, some states permit filing from the date of discovery rather than the accident itself. In some cases, parties may enter into a tolling agreement, which pauses the statute of limitations. This can provide additional time to negotiate a resolution or address legal concerns while preserving your right to file a lawsuit. A lawyer can evaluate whether these exceptions apply to your case.

The best way to know for certain whether your claim can meet the statute of limitations is to consult with a lawyer. Fill out the form on this page to get started today.

Navigating Insurance Laws: No-fault vs. At-fault Systems

Different states have different insurance systems. The system in place in your state can strongly impact your options after a car accident. The two main types of insurance systems are no-fault and at-fault. The system in place is established by state laws.

In no-fault states, while lawsuits for minor injuries are limited, a lawyer can still be invaluable for negotiating fair compensation with your insurer. In at-fault states, proving fault can be complex, and insurance companies often try to minimize payouts. A lawyer’s expertise in gathering evidence and challenging lowball offers ensures your rights are protected and compensation maximized.

No-fault States

In a no-fault state, drivers are required to turn to their own insurance companies for compensation no matter who was at fault for the accident. These states require drivers to carry personal injury protection (PIP) insurance.

There are 12 no-fault states:

• Florida
• Hawaii
• Kansas
• Kentucky
• Massachusetts
• Michigan
• Minnesota
• New Jersey
• New York
• North Dakota
• Pennsylvania
• Utah

In these states you usually cannot bring a lawsuit against the other driver for injury compensation except in limited cases of serious injuries. As a result, you may be tempted to settle your car accident claim without a lawyer. However, it can still be a good idea to hire a lawyer in these states.

Lawyers in no-fault states can help you negotiate with your insurance company to ensure you receive fair compensation—something particularly relevant for self-employed individuals. They can also help with cases of serious injury that might allow for legal action against the party that harmed you.

At-fault States

In states that follow at-fault insurance laws, the driver who was at fault for the accident is responsible for compensating those they harmed. Typically, this means that you file a third party claim for compensation through the insurance company that insured the at-fault driver.

In at-fault states, it is common to need assistance navigating insurance claims. Since fault is at the heart of compensation decisions, it is crucial that you be able to prove who caused the car accident. Lawyers in these states are well-versed in how to collect evidence after a car accident and demand appropriate compensation from insurance companies.

When You Need a Lawyer After a Car Accident

Consulting with a lawyer as soon as possible after a car accident is a good idea in many scenarios, including:

• If you sustained significant injuries in the crash
• If there is disagreement over who was at fault
• When you need to determine who is responsible in an accident without insurance
• When the other driver is a commercial truck driver
• If the accident involved a motorcyclist, bicyclist, or pedestrian
• When an accident occurs in a construction zone
• When recovering from the accident causes you to lose work income

Even if you did not find yourself in one of the above scenarios, or if you initially thought you didn't need a lawyer, things can change. For example, consider consulting with a car accident lawyer if the settlement offer you receive from insurance does not seem fair. This is especially true if you were not at fault—being blameless doesn’t guarantee that the claims process will go smoothly. You don’t have to hire a lawyer immediately for them to be effective.

Additionally, bus accidents often involve unique legal complexities, especially when government-operated buses are involved. A bus accident lawyer can navigate the specific procedures, deadlines, and liability rules, ensuring your claim is filed correctly and maximizing your chances of fair compensation.

A lawyer doesn’t just negotiate with insurance companies; they also calculate the full scope of your damages. This includes lost wages from time off work and non-economic losses like emotional trauma or reduced quality of life. Without a lawyer, you might overlook critical compensation opportunities.