Statute of Limitations for Truck Accident Claims in Los Angeles, CA
In California, state law allows a truck accident victim in Los Angeles to seek financial compensation for his or her related losses by filing a personal injury lawsuit against the at-fault party. For a claim to be valid, however, it must be filed within the state’s statute of limitations. This is a law that provides a strict legal timeframe for claims filing.
What Is a Statute of Limitations? Why Is it Important?
Statutes of limitations exist in every state. They serve to keep the justice system just by prompting claimants to take legal action without delay after an inciting incident. Without a statute of limitations, a claimant could feasibly wait as long as he or she wanted to file a claim. This would be unjust for the defendant, as he or she would have to live under the constant threat of a potential lawsuit.
No deadline could also allow a claimant to wait until evidence in the defendant’s favor has been lost or destroyed. It is important to know and understand your statute of limitations as someone who wishes to file a truck accident claim in Los Angeles. If you wait too long and miss your deadline, the courts will most likely “time-bar” your case, meaning they will not permit it to proceed. This could result in the loss of your ability to recover financial compensation.
What Is California’s Personal Injury Statute of Limitations?
The state’s personal injury statute of limitations is found in California Code of Civil Procedure § 335.1. This law states:
- CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 – 349.4] (Chapter 3 enacted 1872.)
- 335.1.
Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
Under this law, most personal injury claims in the State of California must be filed with the courts no later than two years from the date of the incident.
How Long Do You Have to File a Truck Accident Claim in Los Angeles, CA?
Typically, you have no more than two years from the date that your truck accident occurred to file a related bodily injury or property damage claim. However, there are several important exceptions to this rule:
- Delayed discovery: if your injuries were not immediately apparent and were discovered days after your crash, the clock will not start ticking until the date that you discovered or reasonably should have discovered them.
- Claim against the government: under California’s Tort Claims Act, personal injury cases against government agencies must be initiated within just six months of the date of the accident or of injury discovery.
- Injured minors: if someone injured in the trucking accident was a minor under the age of 18, he or she will have two years from the date of his or her 18th birthday to file a related claim. However, the child’s parents could file sooner on the child’s behalf.
Complications such as mental incapacitation or a defendant who is missing or leaves the state can also affect the statute of limitations. This is why it is helpful to take legal action with help from an experienced auto accident lawyer in Los Angeles as soon as possible.
When to Contact a Truck Accident Attorney in Los Angeles
Note that the statute of limitations applies only to civil lawsuits, not insurance claims. You should file a car insurance claim immediately after a trucking accident in Los Angeles. Most insurance companies have deadlines of 24 to 72 hours for claims filing. Taking prompt action to file a claim with legal help from an injury attorney in Los Angeles is the most effective way to preserve your legal rights. If you were recently injured in an accident involving an 18-wheeler in Los Angeles, contact a truck accident attorney without delay to make sure you take legal action within your statute of limitations.