The amount of time you have to file a claim after a rear-end accident depends on the statute of limitations for the state in which your accident occurred, among other factors. For example, in California, injury victims typically have two years to file a claim after a crash. However, exceptions may apply that alter the amount of time you have to take legal action.
Hiring an experienced Los Angeles rear-end collision lawyer soon after your accident is the best way to ensure you meet all the deadlines that apply to your case and protect your right to recover fair compensation from the liable party.
Factors That Can Result in an Exception to the Personal Injury Statute of Limitations
When pursuing compensation after a rear-end accident, knowing the situations that can alter the filing deadline for your case will help you protect your right to pursue compensation. Exceptions can either shorten or lengthen the amount of time you have to take legal action.
Exceptions That Extend the Statute of Limitations
Various factors can extend the amount of time you have to take legal action. For example, if a minor was injured in a crash, and no legal action was taken on their behalf for injuries they incurred, they will have two years from the date of their 18th birthday to file a claim against the liable party.
The delayed discovery rule can also lead to a later deadline. If you suffered injuries that are not immediately evident as a result of your accident, you will have two years from the date of discovery to pursue legal action.
If the liable party leaves the state before you file a lawsuit, the clock for filing a claim may be paused until they return.
Exceptions That Shorten the Statute of Limitations
The most common exception that shortens the statute of limitations is government claims. If the liable party in your rear-end accident case is a government entity, you will likely only have six months to file a claim or lose your right to pursue compensation.
In California, this six-month deadline applies to the government claim itself. If the claim is rejected, you then have a separate, short filing window to submit a lawsuit.
Hiring an attorney early is the best way to ensure an unexpected deadline doesn’t cost you your right to pursue compensation.
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Other Benefits of Hiring a Rear-End Collision Attorney Soon After Your Accident
In addition to helping ensure you meet all the deadlines that apply to your case, hiring a rear-end accident lawyer soon after your accident has additional benefits. Your attorney can gather and preserve evidence before it disappears.
Furthermore, hiring an attorney early will put them in a position to speak with any eyewitnesses while their memories of the incident are still clear. Your lawyer can question witnesses and record their testimony before their memories begin to fade.
The Insurance Company Will Not Wait to Begin Its Investigation
When pursuing compensation after a rear-end accident, the liable party’s insurance provider will often begin its investigation quickly. Delays in seeking legal help can affect the strength of your claim.
Statements made early in the process may be interpreted in ways that reduce the value of your case. California uses a comparative negligence system, which means your compensation may be reduced if you are partially responsible for the crash.
Hiring a lawyer before speaking with an insurance adjuster helps ensure your statements are clear and supported by the available evidence.
Even if you have time remaining under the statute of limitations, acting early places you in a stronger position to pursue the compensation you need.
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Damages You Can Pursue Through a Rear-End Accident Claim
If you file your claim on time, there are a variety of damages you will potentially be able to recover. Every rear-end accident claim is different, which means the list of damages available varies from case to case. The damages that apply to your case depend on the details of your accident, the actions of the liable party, and the injuries you incurred.
An experienced attorney can review the details of your case to determine the damages you are eligible to pursue. All damages can either be categorized as compensatory damages or punitive damages.
Compensatory Damages
Compensatory damages cover all of the losses you incurred as a result of your accident. This includes both economic damages that directly impact your finances and non-economic damages that affect your quality of life. Some of the most commonly recovered compensatory damages include:
- Pain and suffering
- Lost income
- Decreased earning capacity
- Mental anguish
- Loss of consortium
- Medical expenses
- Future medical costs
- Emotional distress
- Scarring and disfigurement
- Property damage
- Permanent disability
Punitive Damages
Punitive damages are not meant to compensate you for your losses. Instead, the focus of these damages is on punishing the liable party. Punitive damages are only awarded in a small percentage of rear-end accident cases, as they are reserved for situations involving intentional harm or criminal negligence.
Reach Out to an Experienced Rear-End Accident Lawyer Today
The diverse and multilingual team at Vaziri Law Group can help ensure you meet all the deadlines that apply to your case. We have lawyers on our team who have worked for insurers and defense firms, so we understand how these cases are handled from every angle. We incorporate the latest technologies into our practice, including AI tools, to best represent you.
Since founding our firm in 2006, we have built a network of doctors and lawyers who refer clients to us if their case is likely to go to court. With over $1 billion in case results and more than 200 years of combined experience, we are well-equipped to handle your case. Contact us today by phone or through our website to schedule your free case evaluation.