Remember the Statute of Limitation in Filing Accident Claims

NEWPORT BEACH, Calif. - March 19, 2013 - PRLog -- After you are in an accident, all you want is for the whole thing to be over. Unfortunately, there quite a few hurdles to jump over before you can receive a settlement and forget about the experience. Sometimes, in an effort to be avoid a huge headache the smaller accidents are handled under the table. It can be a great way to keep insurance premiums down and get repairs done expediently.

In some of those cases, there may be some unseen effects of the accident that you aren't aware of at the time. You may not have gone to the doctor following your accident or went to the auto shop for a full diagnostic on your vehicle. Later, these effects may emerge and you may need to file a lawsuit. If that's the case, make sure you understand the statute of limitations.

The statute of limitations is deadline for certain parties to file their claims and serve a lawsuit. The length of time varies by the type of claim and the state. For California, a car accident claim is a civil matter. The injured party must file a claim with the courts in order to initiate a lawsuit within two years of the accident.

For many, if you never file a case within the statute of limitations then you are most likely barred from ever filing a case regarding that accident ever. That's why many lawyers will encourage those who have been in an accident to file a claim regardless and go through the proper procedures following an accident even when it's a small matter just in case a larger issue emerges.

One exception to the statute of limitations is if the person filing the personal injury lawsuit was a minor when the accident occurred. Legally, those under the age of 18-years-old are not allowed to file a claim. After that person does come of age, they have two years from their birthday to bring a lawsuit for his or her accident.

While the statute of limitations is two years, the claim loses validity quickly as time goes on.  This is more true in cases of physical injury to the person because it becomes harder to establish that the car accident was the cause of the injury or pain. Filing a case of whiplash over a year after the accident would probably have insurance companies thinking this is a case of fraud, rather than true suffering.