4 Common Questions About Car Accidents and the Statute of Limitations

What is the statute of limitations for a car accident?

A statute of limitations is a specific kind of law that imposes a time limit on people who want to go to court. Think of a statute of limitations as a countdown timer. In car accident cases, your timer starts as soon as you are involved in an accident or learn that you have suffered damages as a result of an accident. If you want to file a lawsuit because of the car accident, you have to do so before the clock reaches zero.

How much time do I have to file a personal injury lawsuit for a car accident?

That depends on a number of different issues. Every state has its own statute of limitation laws, and each of them determines how long you have to file a lawsuit; however, it is typically between 1-6 years. Additionally, while some time limits apply to car accident injury lawsuits, wrongful death lawsuits may have different filing deadlines.

For example, if you are involved in a car crash in which you suffer injuries, North Dakota has a statute of limitations that requires you to file a lawsuit within six years. On the other hand, if a family member died as a result of a car crash, the statute of limitations requires you to file a wrongful death lawsuit within two years.

If the statute of limitations runs out, does that mean I can’t be charged with a crime if I did something wrong?

Yes and no. There are different statutes of limitations that apply to different cases, especially when you are dealing with a civil and a criminal case. A civil case involves someone filing a lawsuit against someone else. In such cases, one person, called a plaintiff, claims that another person, the defendant, has done the plaintiff harm. Civil statutes of limitations, such as the limit on personal injury and wrongful death claims, apply in this situation.

In a criminal case, a prosecutor charges a person with violating a criminal law. Criminal laws have their own statutes of limitations, but these are entirely different than those that apply to civil cases. If you are injured in a car accident and are considering filing a lawsuit, it is the civil statute of limitations that applies, not the criminal one.

What happens if I file a car accident injury case after the statute of limitations runs out?

It’s a very big problem. If you file a personal injury case after the statute of limitations has run out, you are likely out of luck. If you file your lawsuit after the statute of limitations time limit has expired, all the defendant has to do to win the case is show that you were late. Once that happens, the court will throw your case out and you won’t be able to file again.

This is why it is so important to speak to an experienced car accident injury lawyer as soon as you are involved in an accident, especially one that results in injuries. Even if you don’t think you have a case or believe your insurance will handle everything, you need to be able to act quickly and speak to a lawyer who has experience with these types of cases. Because the laws differ so significantly between states and different laws apply to different cases, only a lawyer will be able to give you advice about your specific set of circumstances.