Filing a car accident case within the statute of limitations is important in order to recover compensation. Every state provides a time period when the victims can file their cases, which mostly ranges from one to six years. However, there are some exceptions that can provide additional time for the victims to file their cases. It is important to know these exceptions so you don’t lose your claim to recover compensation.
Understanding the Statute of Limitations
The statute of limitations for a car accident case is the legislatively approved time frame with which a victim has to go to court to file a claim. In the majority of car accidents, it starts counting on the day of the accident. Should the period pass, the judge can reject the case, allowing victims no room to claim restitution.
Exceptions That May Extend the Statute of Limitations
1. Discovery of Injuries After the Accident
Some injuries in car accidents are not visible right away. Injuries like internal injuries, traumatic brain injuries, or chronic pain take weeks or months to develop. In these instances, the statute of limitations can start from the date when the injury was found out instead of the date of the accident. This prevents victims from being punished for slow symptom detection.
2. Minor Victims and Legal Disabilities
If the victim is a minor when the accident occurs, the statute of limitations can be suspended until they become the legal age of majority. Also, if a victim is mentally incapacitated as a result of the accident, the time for filing can be extended until they become legally competent.
3. Defendant Leaving the State
When the at-fault driver moves to another state prior to a complaint being filed, the statute of limitations can be suspended until his return. It is meant to avoid people shirking responsibilities by just relocating.
4. Fraud or Misrepresentation
If the defendant knowingly hides facts about the accident or gives misleading information, the statute of limitations can be prolonged. Courts also acknowledge that fraud can hinder a victim from pursuing a claim because it takes some time to expose the fraud.
5. Government-Related Accidents
In government agency or vehicle cases, there might be other rules. In some places, the statute of limitations is extended when there are special legal procedures that hold up the filing.
Why You Should Act Quickly
Even if there is an exception, delaying filing a claim can undermine your case. Evidence may be destroyed, witnesses’ memories may disappear, and insurance companies may employ delays to deny claims. Getting advice from a legal professional early can assist you in deciding whether or not an exception exists in your case.
In summary, though the statute of limitations for a car accident claim is imperative, exceptions can provide extra time to sue. It is advisable to contact an attorney in a timely manner in order to learn more about your rights and have your claim submitted within the right amount of time to maximize your opportunity for a fair outcome.
