After being involved in a traffic accident, most people want to pursue financial compensation for their damages. If the crash was caused by another driver, they could be held liable. In most cases, the driver who was at fault for the car accident will be legally obligated to pay compensation for medical expenses, lost income, pain, suffering, and emotional trauma. To receive the maximum amount of damages, you might have to bring a lawsuit against the negligent driver. This is one reason it is essential to understand what the statute of limitations is and how it applies to your case. In order to be eligible to pursue a claim, accident victims have to take legal action before the statute of limitations expires.
This article explains the statute of limitations as it applies to car accident claims. It explains when you need to act and why moving quickly is vital after you have been injured through no fault of your own.
At Local Accident Reports, our nationwide car accident attorneys know how profoundly damaging motor vehicle accident injuries can be. Our goal is to support personal injury victims and protect their right to compensation. Contact us to learn more about how we can help you after a serious vehicle accident.
What is a Statute of Limitations?
The statute of limitations is a law prescribing the maximum amount of time that a party has to initiate legal proceedings from the date of an alleged criminal or civil offense.
After a car accident, if you take your case to court, you will initiate a tort claim, meaning you will file a civil suit to recuperate the monetary losses you incurred at the hands of the defendant. Your case must be filed within the statute of limitations that applies to your case. If you fail to do so, your case will be thrown out, and you will be prohibited from collecting any financial compensation whatsoever.
In most cases, the statute begins to run on the day the cause of action (the crime or tort) occurred. This timeline does vary somewhat in the context of medical malpractice, where in some cases, the clock would not begin to run until the medical error is discovered. This can also apply in car accidents in which the victim is a minor. In these cases, the statute is tolled until the victim turns 18.
Car accidents involving government entities, and claims involving dram shop laws will both shorten the statute considerably.
What is the Purpose of the Statute of Limitations?
The statute of limitations exists to protect potential defendants from unjust legal action, arising primarily from the fact that, after a considerable amount of time has passed, pertinent evidence would be unretrievable, obscured, or lost to time, and eyewitness memories won’t be as accurate, making it virtually impossible for a defendant to properly defend themselves or a plaintiff to adequately prove their claim.
In most circumstances, it would be neither appropriate nor fair for someone to live with the threat of potential legal action from something that happened years ago constantly hanging over their head. There are some exceptions in certain criminal cases, none of which apply to tort claims.
Car Accident Laws and Statute of Limitations by State
Each state specifies its own statute of limitations. The statutes vary depending on if the claim is for property damage or injuries. The deadlines assigned to car accident victims for filing injury claims and property damage claims within each state are as follows:
State: Alabama
Statute for injury claims: Two years
Statute for property claims: Two years
State: Alaska
Statute for injury claims: Two years
Statute for property claims: Two years
State: Arizona
Statute for injury claims: Two years
Statute for property claims: Two years
State: Arkansas
Statute for injury claims: Three years
Statute for property claims: Three years
State: California
Statute for injury claims: Two years
Statute for property claims: Three years
State: Colorado
Statute for injury claims: Three years
Statute for property claims: Three years
State: Connecticut
Statute for injury claims: Two years
Statute for property claims: Two years
State: Delaware
Statute for injury claims: Two years
Statute for property claims: Two years
State: District of Columbia
Statute for injury claims: Three years
Statute for property claims: Three years
State: Florida
Statute for injury claims: Two years
Statute for property claims: Two years
State: Georgia
Statute for injury claims: Two years
Statute for property claims: Four years
State: Hawaii
Statute for injury claims: Two years
Statute for property claims: Two years
State: Idaho
Statute for injury claims: Two years
Statute for property claims: Three years
State: Illinois
Statute for injury claims: Two years
Statute for property claims: Five years
State: Indiana
Statute for injury claims: Two years
Statute for property claims: Two years
State: Iowa
Statute for injury claims: Two years
Statute for property claims: Five years
State: Kansas
Statute for injury claims: Two years
Statute for property claims: Two years
State: Kentucky
Statute for injury claims: One year
Statute for property claims: Two years
State: Louisiana
Statute for injury claims: One year
Statute for property claims: One year
State: Maine
Statute for injury claims: Six years
Statute for property claims: Six years
State: Maryland
Statute for injury claims: Three years
Statute for property claims: Three years
State: Massachusettes
Statute for injury claims: Three years
Statute for property claims: Three years
State: Michigan
Statute for injury claims: Three years
Statute for property claims: Three years
State: Minnesota
Statute for injury claims: Two years
Statute for property claims: Six years
State: Mississippi
Statute for injury claims: Three years
Statute for property claims: Three years
State: Missouri
Statute for injury claims: Five years
Statute for property claims: Five years
State: Montana
Statute for injury claims: Three years
Statute for property claims: Two years
State: Nebraska
Statute for injury claims: Four years
Statute for property claims: Four years
State: Nevada
Statute for injury claims: Two years
Statute for property claims: Three years
State: New Hampshire
Statute for injury claims: Three years
Statute for property claims: Three years
State: New Jersey
Statute for injury claims: Six years
Statute for property claims: Six years
State: New Mexico
Statute for injury claims: Three years
Statute for property claims: Four years
State: New York
Statute for injury claims: Three years
Statute for property claims: Three years
State: North Carolina
Statute for injury claims: Three years
Statute for property claims: Three years
State: North Dakota
Statute for injury claims: Six years
Statute for property claims: Six years
State: Ohio
Statute for injury claims: Four years
Statute for property claims: Four years
State: Oklahoma
Statute for injury claims: Two years
Statute for property claims: Two years
State: Oregon
Statute for injury claims: Two years
Statute for property claims: Six years
State: Pennsylvania
Statute for injury claims: Two years
Statute for property claims: Two years
State: Rhode Island
Statute for injury claims: Three years
Statute for property claims: 10 years
State: South Carolina
Statute for injury claims: Three years
Statute for property claims: Three years
State: South Dakota
Statute for injury claims: Three years
Statute for property claims: Six years
State: Tennessee
Statute for injury claims: One year
Statute for property claims: Three years
State: Texas
Statute for injury claims: Two years
Statute for property claims: Two years
State: Utah
Statute for injury claims: Four years
Statute for property claims: Three years
State: Vermont
Statute for injury claims: Three years
Statute for property claims: Three years
State: Virginia
Statute for injury claims: Two years
Statute for property claims: Five years
State: Washington
Statute for injury claims: Three years
Statute for property claims: Three years
State: West Virginia
Statute for injury claims: Two years
Statute for property claims: Two years
State: Wisconsin
Statute for injury claims: Three years
Statute for property claims: Six years
State: Wyoming
Statute for injury claims: Four years
Statute for property claims: Four years
Contact a Car Accident Attorney at Local Accident Reports
As experienced car accident attorneys, we understand that no matter where in the United States your accident occurred, the statute of limitations is the single most crucial deadline to keep in mind while you are pursuing your car accident claim. This is because it is the last day you have to bring a lawsuit against the person who caused your accident before you lose your right to seek compensation forever.
It is important to remember that filing a claim is not the same as calling your insurance company or the insurance company of the at-fault driver to report the accident and your subsequent claim. The statute of limitations applies to the actual filing of a lawsuit against the party responsible for your damages.
If you sustained an injury in an accident that was not your fault, you could be entitled to recover damages for your hospital bills, lost wages, and more. The car accident attorneys at Local Accident Reports can help you ensure that you obtain fair and just financial compensation that covers your physical and emotional losses. We also have resource pages for every state to help guide you through the process no matter where you are located.
Our team of qualified personal injury lawyers will thoroughly review all the evidence and facts surrounding your accident, work with investigators and accident reconstruction experts to prove the other party’s liability, and consult with medical professionals to understand the full scope of your injury, in order to accurately calculate your current and projected medical expenses.
Feel free to request a free police report right here on our site. Then, don’t hesitate to give us a call at (888) 657-1460 to schedule your free case evaluation and learn what legal course of action the attorneys at Local Accident Reports recommend for your situation.