How long you have to file a car accident lawsuit depends on where the accident happened. Each state has its own deadline, or statute of limitations, that tells you how long you have to begin your lawsuit. In most states, this deadline is two to three years from the accident date.
Just because you can wait years to begin a case does not mean you should do so. It is often easier for our Baltimore car accident lawyers to prove a case when we start promptly after the crash.
Finding Out When to File a Lawsuit in Your State
You can often get a good idea of how long you have to file a car accident lawsuit by doing an internet search for “[your state] personal injury statute of limitations.” However, these statutes are not always straightforward. For example:
- Most states have a general statute of limitations that applies to the vast majority of personal injury cases. Maryland’s, for instance, can be found at Md. Code, Cts. & Jud. Proc. § 5-101. It is very likely your case will fall under a statute like this one, but there are significant exceptions.
- Was the injured party a minor? They may have additional time to file a lawsuit.
- Was the liable party a manufacturer? Deadlines concerning product liability cases sometimes differ from other cases.
- Was the liable party a government agency? There may be a very strict and narrow window in which you must inform the agency of your intent to sue.
- Are you suing on behalf of a loved one who passed away? The statute for wrongful death cases may be different from the statute for personal injury cases. Make sure to search for “[your state] wrongful death statute of limitations” to find the correct deadline.
You are always welcome to explain your situation to our car accident attorneys and let us tell you exactly which deadline you must work within.
Car Accident Evidence Is Also Time Specific
In addition to minding your state’s official filing deadline, you should know that starting your case early could give you a better chance of building a strong case against the liable party. For example:
- Video footage is often fleeting. Witnesses who took video with their cell phones may delete that footage, while the owners of security cameras may wipe their footage on a regular basis.
- Witness testimony tends to be more valuable when the accident is fresh in their minds. Trying to interview someone months or years after the fact could produce less reliable, less detailed statements.
- If your case hinges on proving that road conditions were hazardous, we want the chance to go to the accident scene and document that hazard as it appeared at the time. If you wait too long, the hazard could be removed or repaired.
For a free legal consultation, call,
(888) 585-2188
How to File a Car Accident Lawsuit
Your first step towards filing a lawsuit can be to hire our attorneys. We are familiar with all of the laws that apply to cases like yours and can help you avoid missteps and avoidable delays.
While the process for filing a suit may vary from situation to situation, the general steps are as follows:
- Collect evidence that proves the at-fault party’s liability and the extent of the damages they caused
- Send a demand letter to the at-fault party’s insurance company
- If the insurer is willing to negotiate, meet with them to hammer out a settlement agreement you both approve of
- If the insurer is not willing to negotiate, file your case with the appropriate court and move toward taking the at-fault party to trial
- Maintain communications with the insurance company throughout, as they might change their minds and offer a last-minute settlement
- Present your case to a judge and jury by submitting evidence, questioning witnesses, and making oral arguments
Who to File Your Car Accident Lawsuit Against
As mentioned above, a key part of your case involves finding evidence to connect the liable party with your injuries. Many different parties can cause or contribute to a motor vehicle accident, and you have the right to sue:
- A driver
- The driver’s employer
- An auto part manufacturer
- A mechanic or maintenance team
- A local government agency
Again, the liable party’s identity may affect how long you have to file, so do not delay taking action.
What Can You Get from a Car Accident Lawsuit?
There are many types of damages you can recover in a car accident case. Damages can make it easier for you to either return to your old lifestyle or build a new normal after life-altering injuries. This compensation includes:
Non-Economic Car Accident Damages
Your physical and emotional pain has had an enormous impact on your life. Since the liable party’s negligence caused your distress, you can sue them for:
- Pain and suffering
- Mental anguish
- Reduced quality of life
- Disability
Economic Car Accident Damages
Thanks to this accident, you have lost money and had to spend far more money than you wanted to. This can have a devastating financial impact on your family. You can regain stability by asking the liable party to pay you back for:
- Medical expenses
- Property damage
- Loss of wages
- Permanent loss of earning capacity
When to Begin Pursuing Car Accident Damages
Our car accident attorneys can help you recover all of the damages you need, but only if you give us the opportunity to file your case before the deadline. At the same time, you do not want to neglect your health in your haste to take legal action. We recommend:
- You receive any emergency or urgent care your need before doing anything else
- You follow all of your doctor’s instructions
- You only get in touch with our office once you have completed the first round of treatment and are medically stable
Click to contact our personal injury lawyers today
File a Car Accident Lawsuit With Help from Our Attorneys
At Jenner Law, we never allow our clients to get lost in the shuffle. Our auto accident lawyers can support you every step of the way, answering questions about how long you have to file a car accident lawsuit and keeping you updated so you always know where your lawsuit stands.
Call today and get a free case review.
Call or text (888) 585-2188 or complete a Free Case Evaluation form