How Long Do You Have to Sue After a Car Accident?

According to the National Safety Council, there were 37,810 deaths in motor vehicle accidents and almost 4.9 million medically attended injuries that happen each year in the United States. 

The National Highway Traffic Safety Administration reveals that there are over six million police-reported accidents annually across the country. This has caused several deaths and millions of injuries to individuals in those cars.

In all states within the U.S., there is a legally set limit for filing an auto accident case called the statute of limitations. How long do you have to file a car accident lawsuit, as car accidents happen to be among the most common reasons for injuries in the United States? 

Understanding these deadlines is critical because insurance negotiations do not pause the legal filing period. 

What the Statute of Limitations Covers

The statute of limitations for a car accident typically governs two separate claims that often arise from the same crash: personal injury claims for physical harm and property damage claims for vehicle and property losses. Some states set different limitation periods for each. The personal injury statute of limitations in Nevada extends to two years, while the property damage limitation lasts for three years. 

The practical consequence is that someone whose car was totaled but whose physical injuries were slow to manifest could find themselves outside the personal injury window while still within the property damage window. Two separate deadlines need monitoring because both require tracking. 

The legal process to sue for wrongful death resulting from fatal car accidents establishes a particular time frame, which differs from the standard personal injury time limit. Most states establish wrongful death time limits to begin from the day of the person’s death instead of the day of the accident because this difference becomes important when a fatal accident occurs days or weeks after the incident.

How Deadlines Vary by State

The majority of states establish a two-year time limit for filing personal injury lawsuits that result from car accidents. Several states use three years. A small number of people use shorter or longer periods.

• One year: Tennessee is among the states with the shortest personal injury limitation period for car accident claims.
• Two years: The most common deadline, applicable in many states including Florida (effective for accidents on or after March 24, 2023), Nevada, Georgia, and Texas.
• Three years: Applied in states including New York, Massachusetts, and Illinois.

• Six years: Maine and North Dakota are some of the jurisdictions that have longer limitation periods in general.

In Florida, the statute of limitation period has been cut down from four years to two years for personal injury lawsuits as of March 2023. 

This amendment is not retroactive, and all accidents that occurred prior to the above-mentioned effective date fall within the old period of four years. If you were involved in an accident in Florida, please determine your statute of limitations accordingly.

Twenty-two states maintain separate statutes for car accident cases distinct from general personal injury limitations. The general personal injury deadline in your state combined with car accidents results in an incorrect answer if your state belongs to those twenty-two.

When the Clock Starts

The limitation period for most cases of car accidents starts on the day of the accident. As per https://www.brooksbaez.com/, if you fail to file your injury claim in court before that deadline, you could lose your ability to use the courts to seek fair compensation. 

The date of injury is taken into account as the starting date when computing the period. The computation is not done using the date of treatment, diagnosis, or date you make up your mind to pursue a lawsuit.

The rule of discovery is only applicable in certain circumstances as far as the commencement of the statute of limitations is concerned. According to the doctrine, the clock starts ticking as soon as the plaintiff becomes aware or ought to become aware of the injury. 

In situations whereby the injury is not apparent at once and needs proof, the doctrine is employed. Such situations include certain types of occupational injuries as well as medical malpractice lawsuits. Still, most jurisdictions insist that in cases of car accidents, the doctrine of discovery is to be strictly applied owing to the fact that the injury is readily evident.

Tolling: When the Deadline Is Paused

The practice of tolling establishes situations that lead to temporary suspension of the statute of limitations period. The following factors serve as common talking points for car accident cases:

• Minority: When the injured party is below the age of 18 when he or she gets into a car accident, most states will toll the running of the limitation period until the age of 18 years. Then the limitation period would begin to run fully from this point. In case a child at the age of 12 years gets hurt, he/she may take action by the age of 20.
• Mental incapacity: In case the person who is hurt does not possess the ability to conduct himself legally due to a mental or physical condition that existed at the time of the accident, the period will toll until full recovery.
• Defendant’s absence: In many states, if the at-fault driver leaves the state after an accident, the time away will not count toward the limitations period. This provision exists to prevent defendants from defeating claims by making themselves unavailable.

The process of tolling requires specific conditions, which must be proven through evidence to establish its validity. The courts employ strict rules to implement tolling provisions. Never assume a tolling exception applies to your case without verifying the specific requirements under your state’s law.

Government Vehicles and the Notice Requirement

Claims for accidents involving government vehicles will follow different time limits. Many places require those who are hurt to serve written notice of their claim against a government entity before they can sue within 60 to 90 days, or even six months, of the collision.

Failure to file the notice within the notice period may completely preclude the claim against any governmental entity regardless of whether the general statute of limitations period has expired. Prompt investigation is necessary for establishing the relevant agency and filing notices.

Why Insurance Negotiations Do Not Pause the Deadline

This is the misunderstanding that costs injured parties their claims most frequently. The statute of limitations remains active because insurance company negotiations continue without interruption. 

The insurer has no authority to extend the legal filing deadline. You cannot sue someone until the time period ends after an adjuster takes months to reply and asks for more evidence and gives settlement offers that keep getting bigger.

If the limitation period is approaching and settlement has not been reached, the choice is to either accept the settlement on the terms available or file a lawsuit to preserve the right to continue pursuing the case. 

A lawsuit does not block a settlement from happening. Cases resolve by agreement after filing all the time. The option becomes impossible to pursue when someone fails to submit their application before the deadline ends. 

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