When a car accident occurs, one of the first questions many people have is how long they have to file a lawsuit. The statute of limitations sets a deadline for taking legal action, and missing that window can prevent recovery of compensation for personal injury or property damage. This timeline varies by state and by the type of claim, making it important to recognize how it applies to car accident cases.
How Long Do I Have to File a Car Accident Lawsuit in Cherry Hill?
In most states, personal injury claims from a car accident must be filed within two to three years from the date of the crash. Some states provide shorter or longer periods depending on circumstances, such as when a government entity is involved. Filing within this period is necessary to have a court consider your claim.
Does the Statute of Limitations Start on the Day of the Accident?
Typically, the statute of limitations begins on the day the accident occurs. However, there are exceptions in cases where injuries do not appear immediately. The “discovery rule” allows the clock to start when the injury is identified or reasonably should have been identified.
Can the Statute of Limitations Be Extended?
Certain circumstances may extend the statute of limitations. These include cases involving minors, individuals with disabilities, and situations where the defendant is absent from the state. These extensions are limited and vary depending on local laws.
What Happens if I Miss the Deadline?
Missing the statute of limitations generally prevents the court from hearing your claim. Even if the case has merit, a judge can dismiss it because the filing deadline was not met. Acting promptly is necessary to preserve the right to pursue compensation.
Do Property Damage Claims Have a Different Deadline?
Yes, property damage claims often have a different statute of limitations than personal injury claims. In many states, property damage lawsuits must be filed within three to six years, depending on local statutes. It is important to confirm the specific timeline that applies to your situation.
Are There Exceptions for Government Entities?
Claims against government agencies usually have stricter timelines – many states require notice within six months to one year before filing a formal lawsuit. Failing to meet these shorter deadlines can prevent a claim from moving forward.
How Is the Statute of Limitations Calculated When Multiple Parties Are Involved?
When more than one party may be liable, the statute of limitations typically applies to each defendant individually. However, coordination may be necessary to file timely claims against all responsible parties. Courts generally do not extend the timeline simply because multiple defendants are involved.
Can Filing an Insurance Claim Affect the Statute of Limitations?
Submitting a claim to an insurance company does not automatically extend the statute of limitations. The deadline for filing a lawsuit still applies, even if the insurer is negotiating a settlement.
How Can I Determine the Deadline for My Case in Cherry Hill?
Statutes of limitations vary by state and the type of claim. Consulting local laws or an attorney can clarify the specific deadline that applies. Acting quickly reduces the risk of missing the window to file a lawsuit and protects potential recovery. It also allows more time for prompt evidence gathering, investigations, and case development.
Cherry Hill Car Accident Lawyers at Pressman, Doyle, Bloom, & York Help You Achieve Justice
If you hope to pursue fair compensation for your damages caused by a motor vehicle accident, contact the Cherry Hill car accident lawyers at Pressman, Doyle, Bloom, & York. Call 856-843-8990 or complete our online form today for a free consultation. We have offices in Cherry Hill, NJ, and Milmont Park, PA, and serve clients in New Jersey and Pennsylvania.