Statute of Limitations for Car Accident Injury Claims

Every year, millions of people experience collisions on roads across the United States. An estimated 6 million car crashes occur annually. When a driver or passenger endures harm because someone else acted irresponsibly, the ability to pursue compensation becomes a crucial right.

However, the opportunity to file a car accident injury claim does not remain open forever. Time limits, known collectively as the car accident statute of limitations, restrict how long an injured individual has to bring legal action. These deadlines vary from one state to another, and being aware of them can affect the outcome of any potential car accident claims.

Our auto accident lawyers at The Morgan Law Group have long championed the interests of those hurt in car accidents. A question that frequently arises is whether there is sufficient time to move forward with a car accident claim. Let’s address the statute of limitations for car accident claims in the states where we provide legal services: California, Colorado, Florida, Louisiana, Mississippi, North Carolina, Tennessee, and Texas.

Understanding the Car Accident Statute of Limitations

The term “car accident statute of limitations” may sound purely procedural, but it has substantial implications for anyone injured in a collision. These deadlines define how long an injured party has to initiate legal action for compensation. 

Once this time elapses, the window to file typically closes. This applies to many claims filed in civil courts, including those arising from a car accident injury claim.

Why Statute of Limitations Exists

Laws that set a timeframe for filing car accident claims are designed to ensure fairness in legal proceedings. As time passes, evidence may deteriorate, memories can fade, and eyewitnesses may become harder to locate. The statute of limitations for car accident claims aims to prevent an indefinite delay in resolving a dispute and encourages prompt resolution.

Even if negotiations with an insurance company or another party have been ongoing, a formal car accident lawsuit must commence before the deadline if a settlement isn’t achieved. Knowing this timeframe and acting within it is essential.

Those considering a car accident injury claim should keep these limited time in mind from the earliest possible moment. Failure to file on time can lead to dismissal of a claim, undermining the possibility of receiving compensation for damages.

Car Accident Statute of Limitations by State

Car accident laws differ across the states. While general deadlines apply in most instances, certain situations can affect how long a person has to file.

Here’s a general breakdown of time limits in each of these states. Since legal guidelines can change over time, it is wise to verify current regulations when pursuing a car accident statute of limitations question.

• California: 2 years from the date of the car collision or from the date the injury was discovered (California Code of Civil Procedure §335.1).
• Colorado: 3 years from the date of the accident (Colorado Revised Statutes §13-80-101).
• Florida: Before, Florida Statutes §95.11 provided 4 years to file a claim based on negligence. As a result of updated legislation, the current deadline is 2 years.
• Louisiana: 2 years from the date of the accident (Act No. 423 amends Louisiana Civil Code Article 3492).
• Mississippi: 3 years from the date of injury (Mississippi Code §15-1-49).
• North Carolina: 3 years from the date of injury (North Carolina General Statutes §1-52).
• Tennessee: 1 year from the date of injury (Tennessee Code Annotated §28-3-104).
• Texas: 2 years from the date of the accident (Texas Civil Practice and Remedies Code §16.003).

What Happens if the Filing Period Expires

Many individuals wonder about their options if they fail to initiate a car accident injury claim before the statute of limitations ends. In general, courts will dismiss a case that is filed late. This effectively ends the chance to recover damages, leaving the injured party to handle any medical expenses or financial losses alone.

While there are a few narrow exceptions, waiting too long usually eliminates the possibility of legal recourse. It is best to keep an eye on deadlines from the very start. Even if parties are discussing an out-of-court settlement, one should remain aware that settlement talks do not pause or extend the statute of limitations.

Exceptions and Extensions to Car Accident Statute of Limitations

Although states adopt rigid deadlines, there are cases where the clock stops for a period or where a different filing schedule applies altogether. 

The following are some situations that might grant exceptions:

• Minor Children: If an injured person is under 18 at the time of the accident, their filing period may not begin until they reach adulthood in certain states. This rule, however, does not always apply in the same way if a guardian brings the claim on the minor’s behalf.
• Discovery of Hidden Injuries: There’s a “discovery rule” for injuries that are not immediately apparent. A person might not realize the extent of spinal or head trauma until months after the incident. In such cases, the time period to file could begin from the date the injury is discovered (or should have been reasonably discovered).
• Defendant Concealment or Fraud: If the at-fault party engages in actions that prevent the injured person from learning of their harm or rightful claim, a court might extend the normal deadline.
• Military or Active Duty: Service members on active duty may receive special considerations if they cannot pursue a car accident statute of limitations claim within the normal timeframe.

These exceptions are not automatic. Some states impose strict criteria to determine if an extension is valid. For that reason, it is important to act promptly and verify whether any exemptions might apply to a case.

Potential Compensation in a Car Accident Injury Claim

When fault is established, the injured party might secure financial relief. 

Compensation in car accident claims vary by circumstance, but commonly include:

• Medical Expenses: Covers hospital stays, surgeries, prescription medication, physical therapy, and other treatments necessary for recovery.
• Lost Wages: Accounts for time missed from work due to injuries, follow-up appointments, or rehabilitation. Serious injuries might also lead to an inability to return to the same job.
• Property Damage: Addresses costs linked to fixing or replacing a vehicle and any personal property damaged in the accident.
• Pain and Suffering: Encompasses physical discomfort, emotional strain, and impacts on overall quality of life.
• Punitive Damages: Granted in some states when the at-fault driver’s conduct is particularly reckless or malicious. These damages are meant to discourage such dangerous conduct.

Filing within the applicable car accident statute of limitations is a critical first step. Gathering enough evidence and properly calculating the value of each loss also matters to the overall strength of a claim.

How to Strengthen a Car Accident Injury Claim

Filing a claim within the car accident statute of limitations is vital, but success also depends on establishing liability and demonstrating losses. Building a solid case often involves multiple steps:

• Documentation of the Crash Scene: Photographs and video of vehicle damage, skid marks, or traffic signals can help illustrate how the collision happened. Written notes taken soon after a crash also help preserve details that may fade from memory.
• Medical Records: Prompt medical evaluation not only ensures physical well-being but provides valuable records of how the crash caused injuries. These reports can link the collision to specific harm and treatments.
• Witness Statements: Eyewitness accounts often bolster car accident claims, especially if unbiased third parties can confirm what took place. Gathering contact information at the crash site makes it easier to obtain statements later.
• Police Reports: Law enforcement personnel who respond to a collision typically write an official account of what happened. This can identify key facts, such as the position of the vehicles or whether any citations were issued.
• Financial Documentation: Medical receipts, repair bills, proof of lost wages, and any out-of-pocket expenses show the financial impact of a collision. This evidence is necessary when calculating compensation.

Establishing a link between the other driver’s behavior and the injured person’s damages is central to making a persuasive claim. The stronger the proof of fault and harm, the more likely it is that insurers or courts will grant fair restitution.

How Fault System Affects Car Accident Claims

Another factor that may influence a car accident injury claim is each state’s approach to shared fault. Sometimes a collision occurs because more than one driver engaged in unsafe behavior. In such situations, a court might assess a percentage of fault to each party.

• Pure Comparative Fault: In California, a claimant’s recovery can be reduced by their percentage of blame but is not barred entirely.
• Modified Comparative Fault: In states like Colorado and Florida, if the claimant’s fault exceeds a certain threshold, they may not collect damages. Otherwise, compensation is reduced proportionally by that party’s share of fault.
• Contributory Fault: North Carolina follows contributory negligence, where any degree of fault by a claimant might bar recovery entirely, although certain exceptions exist.

Because different states apply varying methods, understanding the rules on shared liability is just as important as knowing the statute of limitations for car accident claims.

What to Do Immediately After a Car Accident

Regardless of the place where the accident happened, taking prompt steps after a crash can greatly benefit the pursuit of fair compensation:

• Seek Medical Attention: Even if injuries seem minor, it is prudent to visit a healthcare provider for an evaluation. Some injuries are not immediately evident.

• Report the Accident to Authorities: A police report can serve as an official record of the event.

• Collect Evidence on the Scene: Photos, witness names, and contact details help document the circumstances of the collision.

• Notify the Insurance Company: Policyholders are generally required to inform their carrier about an accident within a reasonable timeframe.

• Keep Records: Maintain organized records of bills and receipts that can support your claim.

By establishing a thorough record of events and costs early on, it becomes easier to file a well-supported car accident injury claim within the designated deadlines.

When to Consider a Car Accident Lawyer’s Guidance

Dealing with insurance adjusters, gathering records, and making sense of the legal requirements can feel overwhelming. While some individuals choose to handle their cases alone, the knowledge of car accident lawyers or auto accident lawyers can prove very useful. These professionals understand procedural rules, such as deadlines and court filing requirements. 

Click here to assess if you should hire a car accident lawyer or not. 

You Have a Limited Time – Talk to a Car Accident Attorney Today! 

If an injury has occurred and there are questions about how to proceed, taking action sooner rather than later is the best strategy. Carefully compiling evidence, receiving medical treatment, and consulting with legal counsel can help secure fair compensation.

The Morgan Law Group recognizes the importance of these timelines and supports injured individuals with clear, proactive steps to preserve their rights. Whether the accident occurred in California, Colorado, Florida, Louisiana, Mississippi, North Carolina, Tennessee, or Texas, meeting the statute of limitations for car accident claims is key to seeking fair financial recovery.

Call us at (800) 551-0554 or answer our online form to schedule your free case evaluation. We welcome inquiries from those who wish to address their claims, safeguard their legal rights, and hold irresponsible parties accountable.