Car Accident Statute Of Limitations 2022 Guide

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 Car Accident Statute Of Limitations 2022 Guide

If you are involved in a car accident, you may want to seek compensation for your losses. If another driver caused the crash, that motorist could be found at fault. In many cases, the driver who was to blame for the accident will be required to pay damages for medical bills, lost wages, pain and suffering and emotional distress.

To get full compensation, you may need to file a lawsuit against the at-fault driver. As a result, it’s important to know the statute of limitations. Car accident victims must take legal action before the statute of limitations ends their ability to pursue a claim.

This guide to the statute of limitations for car accident claims helps you to understand when you need to act and why it is so important to move forward in a timely manner after a crash causes you harm.

What Is the Statute of Limitations?

The statute of limitation is a law that requires a civil or criminal case be initiated within a certain period of time.

If you are involved in a car accident, you will make a tort claim if you take your case to court. This means you will file a civil lawsuit to recover compensation for your losses the defendant caused. You need to file your case within the statute of limitations that applies to these types of cases. If you do not do so, your claim will be “time-barred.” This means the court will not allow your case to move forward.

Typically, the clock begins to run on the day a crime or a tort (a civil wrong) was committed. In some cases, the time begins to run once the wrongdoing is discovered, or should have been discovered.

Why Is There a Statute of Limitations?

The statute of limitations exists so that claims can be resolved in a timely manner.

In many situations, it would not be fair or appropriate for someone to constantly live with the threat of legal action hanging over their head as a result of incidents that happened decades ago. There are exceptions, though for some types of criminal cases such as murder–but these exceptions don’t apply to tort claims.

A statute of limitations also exists to help ensure claims can be decided fairly. The more time that passes, the more evidence is lost. Witnesses tend to forget what happened and physical evidence could be misplaced or degraded. This could make it impossible for a plaintiff to prove their claim or a defendant to defend themselves appropriately.

Exceptions to the Statute of Limitations

Although car accident victims typically must file a claim within the statute of limitations listed in the table above, there are some exceptions to this rule.

Sometimes, these exceptions apply because a different law establishes a separate time limit for making a case that is specific to the situation. For example, this occurs in the following situations:

·         When a government entity is to blame: If a government employee or entity is to blame for the accident, special rules generally apply. These rules could include a shortened statute of limitations.

·         When a victim is making a claim under Dram Shop Laws. Some states have Dram Shop Laws that allow victims to sue establishments that sell alcohol to an intoxicated person if a DUI crash occurs. These Dram Shop Laws may set a shorter statute of limitations for these types of cases.

There are other situations when the statute of limitations is tolled. That means the same time deadline applies as mentioned in the table above, but it does not begin running immediately after the accident.

The most common example of a situation where the statute of limitations is tolled is when the victim is a minor. When a collision victim is a minor, the statute of limitations typically does not start running until they turn 18. So, for example, a crash victim who was hurt at the age of 10 and who lived in Wyoming would have four years after his or her 18th birthday to make a claim.

I Need to File a Claim Within the Statute of Limitations

It is very important for crash victims to understand the statute of limitations. Car accident victims who do not act within the allotted time limit could lose their right to pursue a case to recover compensation.

An experienced attorney can assist you in moving forward in a timely manner to pursue your case if you were in a car crash. If you or a loved one has been harmed, you should call an auto accident lawyer ASAP to protect your rights and ensure you can get the money you deserve.

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