Santa Rosa Office
815 5th Street, Suite 200
Santa Rosa, CA 95404-4516
Phone: 707-525-1212
Toll Free: 866-878-5267
Fax: 707-544-1388


Sacramento Office
1001 G Street, Suite 301
Sacramento, CA 95814
Phone: 916-448-1010
Toll Free: 866-878-5267

Quick Contact

How Long Do I Have to File an Auto Accident Lawsuit?

Whether you have a personal injury or a car accident, a lawsuit may be your only option to recover the money you need to compensate you for the harm you have suffered. But if you delay, you may lose the right to sue for your injuries. This is one reason you should not delay in starting to look into filing a lawsuit if you or a loved one is a victim of a personal injury. Personal injury and wrongful death statutes of limitation vary from state to state. In California, a lawsuit for personal injury or wrongful death must be filed within two years from the date of the injury or death. (California Code of Civil Procedure Section 335.1).

Before you File

Auto accidents and wrongful death are common reasons for filing a lawsuit in Santa Rosa. If you are looking to file one by yourself in small claims court, be aware that in California the maximum amount you can collect in small claims court is $7,500. If believe your injuries, pain and suffering exceed that amount, you will need a lawyer to represent you. The lawyer you select should have a successful track record in cases similar to yours whether it is wrongful death or personal injuries such as car accidents, construction accidents, etc.

Filing a Lawsuit

When you’ve decided to file a lawsuit, your attorney will walk you through the steps you will needed to go through. You and your attorney will determine which court has the power to decide your case. Your lawyer will then file an appropriate lawsuit and serve it on the defendant. Once the defendant appears in court, you attorney will prepare your case and gather necessary evidence to prove your claim. Your lawsuit may go through the entire court process, including a trial before a jury. However, most cases can be settled before a trial. An experienced personal injury or wrongful death lawyer will help you successfully resolve you claim and obtain the money you deserve.

Teal, Montgomery & Henderson car accident attorneys can be reached at 866-878-5267 or via our contact page.