How Long Do I Have to File an Accident Lawsuit

The Sacramento accident attorneys at Teal Montgomery & Henderson would like to inform you on what you need to know on the time limitations to file a lawsuit for your accident and how quickly you have to act.

You are most likely not excited about the fact that you need to go through the lawsuit process. Many people are intimidated by the legal system, and do not want to have to go through a trial. The good news is that most cases settle before trial. However, to get fair compensation for your injuries and losses, you almost always have to file a lawsuit before you can get a proper settlement.

If time has gone by and you haven’t filed a lawsuit yet, you may be at risk of losing your legal rights. Every state has what is called a “statute of limitations” which dictates how soon you must file your lawsuit. In California, a wrongful death or personal injury lawsuit needs to be filed within two years for any “assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another” (California Code of Civil Procedure Section 335.1).

If you do not file a lawsuit within two years of your injury, your right to compensation is taken away, and your claim becomes worthless.

Should I seek legal counsel for my accident injuries?

If you have suffered an injury because of someone else’s illegal or careless conduct, you need to talk to an experienced personal injury attorney. You are allowed to file a small claims action on your own, but if you do so, you cannot recover more than $7,500. Even if you were not seriously injured, you case may easily be worth more than $7,500.

Even more important, you will need to gather and present admissible legal evidence of your injuries and proof that the person you are suing is legally responsible for your losses. In addition, there are many legal rules and procedures that must be followed as your case moves through the court system. The insurance company for the defendant will be using skilled legal and medical experts to defeat your claim. Quite simply, you cannot get the fair compensation you need without the help of an experienced personal injury attorney.

Getting a Fair Recovery

The accident attorneys at Teal Montgomery & Henderson provides accident representation to the citizens of Sacramento, Santa Rosa and the surrounding areas in California. Call us today at 866-878-5267 or contact us by submitting an inquiry through our web form for more information and to set up an initial consultation.