How Long After a Car Accident Can You Sue?

Posted on May 8, 2025

After a car accident, you have limited time to file a lawsuit. In California, the statute of limitations is typically two years from the date of the accident. If you wait longer than two years, the court will likely dismiss your case, meaning you lose your right to compensation.

In some cases, like claims against government entities, the deadline can be much shorter—sometimes just six months. Missing these deadlines can cost you your entire claim, no matter how strong your case is.

Act quickly. Speak to an attorney at Drake Injury Lawyers right away. Call (205) 679-5193—we make sure your rights are protected and your claim is filed correctly.

What Is the Statute of Limitations for Car Accident Lawsuits?

The statute of limitations is the legal deadline to file your car accident lawsuit. If you miss this deadline, you usually lose your right to sue—no matter how strong your claim is.

Statutes vary by state and type of claim:

California: 2 years for personal injury, 3 years for property damage.
Texas: 2 years for personal injury.
Florida: 2 years for personal injury (accidents after March 24, 2023).
North Carolina: 3 years for personal injury, 2 years for wrongful death.
Minnesota: 6 years for personal injury, 3 years for wrongful death.
C.: 3 years for personal injury (statute for minors starts at age 18).

When Does the Filing Clock Start After a Car Accident?

The filing clock usually begins running on the date of the accident. But sometimes injuries aren’t obvious right away. In these cases, states may apply the Discovery Rule.

Under this rule, the statute of limitations starts when you discover your injury—or when you reasonably should have discovered it. This means you might have more time to file your claim.

Talk with an attorney at Drake Injury Lawyers. We’ll clarify when your filing period begins and protect your rights.

How Do Different States Handle These Deadlines?

Statutes of limitations vary widely by state and claim type:

California:
- Personal injury: 2 years
- Property damage: 3 years
- Claims against government entities: 6 months
North Carolina:
- Personal injury: 3 years
- Wrongful death: 2 years from date of death
Minnesota:
- Personal injury: 6 years (longer than most states)
C.:
- Personal injury: 3 years
- Minors: Clock starts at age 18

These deadlines can differ greatly. If you miss your state’s deadline, your case is gone. Reach out to Drake Injury Lawyers to confirm your timeframe and secure your claim.

Which Factors Influence the Timeframe to Sue?

Several factors affect how long you have to file a car accident lawsuit:

Discovery of Injury:
If you discover injuries later, your filing deadline may start from the date you realize you are injured—not the date of the accident.
Minors or Incapacitated Individuals:
For minors or those mentally incapacitated, the deadline is usually paused (tolled). The clock starts running again once the minor reaches adulthood or the person regains capacity.
Claims Against Government Entities:
Lawsuits against government agencies typically have shorter deadlines. In many cases, you have just a few months to file.
Wrongful Death Claims:
These cases often have separate timelines. For example, in North Carolina, wrongful death claims must be filed within two years of the date of death.

These rules can be complex. Drake Injury Lawyers can quickly identify the factors relevant to your case and help you act within the required timeframe.

How Do Insurance Negotiations Affect the Lawsuit Timeline?

Negotiating with insurance companies does not pause your lawsuit deadline. Even if discussions are ongoing, your statute of limitations is still ticking. Always track your deadline carefully to keep your right to sue intact.

Is Filing Early Ever Risky for Your Case?

Filing too soon could risk undervaluing your claim if you haven’t fully assessed your injuries. Sometimes injuries appear minor at first but worsen over time. Waiting briefly to fully understand your injuries ensures you seek fair compensation.

Talk with Drake Injury Lawyers to find the right timing to file your case effectively.

Are There Any Exceptions That Extend or Pause the Deadline?

Yes. In certain cases, the law allows exceptions that extend or pause your lawsuit deadline. This process is called tolling. Common reasons to toll include:

Delayed discovery of injuries
Claims involving minors
Legally incapacitated individuals
Claims against government entities

These exceptions can give you extra time. Talk to Drake Injury Lawyers immediately to see if an exception applies to your case.

Can Minors or Incapacitated Individuals Sue Later?

Yes. Minors or individuals who are legally incapacitated often have extended deadlines. Their statute of limitations usually begins when they turn 18 or regain mental capacity.

For example, in Washington D.C., minors have until age 21 (3 years after turning 18) to file a personal injury claim.

Do Government-Related Car Accidents Have Special Rules?

Yes. Claims against government entities usually have much shorter deadlines. For example, in California, you must file a claim within six months of your accident.

Should You Settle or File a Lawsuit for a Car Accident?

Deciding whether to settle or file a lawsuit after a car accident can be challenging. A quick settlement may seem appealing, but acting too soon can risk your rights. Always remember your statute of limitations—the legal deadline for filing your claim.

If settlement negotiations stall or fail, you must still have enough time to file a lawsuit. Speak to Drake Injury Lawyers to ensure you protect your right to pursue full compensation.

What Are the Pros and Cons of Settling Early?

Settling early can quickly provide money and reduce stress. But an early settlement may undervalue your injuries. Some injuries worsen over time. Once settled, you generally can’t reopen the claim, even if your condition deteriorates.

Before accepting an early settlement, talk to an attorney. Drake Injury Lawyers can help you evaluate if the offer covers your long-term needs and preserves your legal options.

Can You Still Sue If You Accept Partial Insurance Payments?

Accepting partial payments from insurance could affect your right to sue later. Insurance companies often require signing a release before paying. Once you sign this release, you typically waive your rights to additional compensation or further lawsuits.

Never sign documents without legal advice. Contact Drake Injury Lawyers before accepting any payments to safeguard your right to fair compensation.

What If You Miss the Filing Deadline?

Missing your filing deadline usually means losing your right to sue. Courts strictly enforce statutes of limitations. Even a strong case can be dismissed if filed late.

However, limited exceptions may apply in specific situations. If you’ve missed your deadline, immediately contact Drake Injury Lawyers to discuss potential options.

Can Exceptions Allow You to Sue After Time Expires?

In certain situations, exceptions like tolling or the Discovery Rule can extend your filing deadline. Examples include:

Injuries discovered after the accident date.
Minors who haven’t reached legal age.
Individuals who are legally incapacitated.

When Is the Best Time to Consult a Car Accident Lawyer?

The best time to consult a car accident lawyer is immediately after your accident. Early consultation helps you:

Confirm important deadlines
Preserve key evidence
Protect your right to compensation

Waiting too long can damage your case. Talk to Drake Injury Lawyers right away to secure your legal options.

Why Is Quick Action Crucial for Preserving Your Rights?

Acting quickly is crucial because statutes of limitations set strict deadlines for filing your claim. If you miss these deadlines, you lose your right to compensation forever.

Legal counsel can confirm the exact filing period for your case. This is especially important if special rules like tolling or the discovery rule apply.

What Are the Key Takeaways About Filing Deadlines After a Car Accident?

To protect your right to compensation, keep these key points in mind:

Check Your State’s Limit:
Deadlines vary by state, ranging from months to several years. Missing your state’s deadline can end your claim.
Gather Evidence Promptly:
Evidence like police reports, medical records, and witness statements is critical to proving your claim.
Consult a Lawyer:
Laws differ by state and can be complex—especially claims against government agencies or special circumstances.

Talk with Drake Injury Lawyers early to ensure your case stays on track.

How Can You Avoid Missing the Statute of Limitations?

To avoid missing deadlines:

Clearly note your accident date.
Monitor carefully for any late-appearing injuries.
Be aware of special circumstances, such as claims involving minors or government entities, that affect filing timelines.

Drake Injury Lawyers helps track your deadline accurately and protects your claim.

Should You Always Seek Professional Legal Advice?

Yes. Laws and deadlines frequently change. Exceptions can be complicated. Professional legal advice ensures you have current and correct information.

Conclusion and Next Steps

After a car accident, acting quickly is essential. Missing your filing deadline usually ends your right to compensation—no matter how strong your claim is.

Next steps to protect your rights:

Confirm your deadline immediately.
Gather evidence promptly.
Seek professional legal guidance right away.

Every state has unique filing rules. To avoid costly mistakes, contact Drake Injury Lawyers now at (205) 679-5193. Our experienced team ensures your claim is filed correctly and on time—protecting your right to full compensation.