After a car accident caused by the negligent or careless actions of another person, you can file a claim for damages. However, you do not have an unlimited amount of time to file this claim. Generally speaking, you only have two years from the date of the crash to file a claim. This is known as the statute of limitations and while the law is quite strict, there are some exceptions. If you have been hurt, below are some deadlines that may apply to your claim.
Minor children are not considered to have the mental capacity to file a claim for injuries on their own. Still, a minor has the legal right to claim damages for their losses. A parent or guardian can file a claim on the minor’s behalf and in this case, the statute of limitations of two years would apply. If the parent or guardian does not file a claim, the minor can wait to file on their own. In this situation, the accident victim would have two years from their 18th birthday to file.
Sometimes, a car accident can result in serious property damage but no personal injury. The cost of auto repair can be high, so drivers can still file a claim against the negligent party. In these situations, the statute of limitations is usually five years from the date of the accident.
Car accidents are sometimes caused by defective products, and determining the statute of limitations in these cases can become complicated. For example, the brakes in a vehicle may be defective, resulting in a driver being unable to stop and becoming involved in an accident. Typically, accident victims would still have two years to file a claim against the manufacturer of the faulty brakes. The age of the vehicle, and the potential defendant in the case can shorten that time limit, however.
If a claim is filed against the seller of the vehicle, the claim must be filed within 12 years from the date of the original sale, possession, or lease of the vehicle. If the claim is filed against a party that is not the seller, victims typically have ten years from the date of the original sale, delivery, or lease.
Car accidents are sometimes so serious, the victims do not survive it. When this is the case, certain family members can file a wrongful death claim. Usually, wrongful death claims must be filed two years from the date of the date, but filing within two years of the car accident can provide greater protection for these claims.
If you have been injured in a car accident, do not hesitate to call our Streator injury lawyers at Brassfield & Krueger, Ltd. Our skilled attorneys will ensure your claim is filed on time, and will help you recover the full damages you deserve. Call us today or contact us online to schedule a free consultation so we can get started on your case right away.
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