Car Accident Statute Of Limitations 2024

When a car accident occurs, and particularly if it involves significant injuries or property damage, you may wish to seek compensation for the losses you suffered. Depending on which driver was found to be at fault and the state you live in, you may need to file a lawsuit against the at-fault driver or their insurance company in order to get full compensation for medical bills, pain and suffering, lost wages, and emotional distress. Filing your lawsuit within the time frame established by a state’s statute of limitation is the first step to a successful car accident claim. Victims of car accidents must take legal action before the statute of limitations expires their ability to pursue a claim. This blog breaks down what you should know about the status of limitations and how it may affect your car accident lawsuit.

Defining The Statute Of Limitations

A law requiring a civil or criminal case to be initiated within a specific time frame is known as a statute of limitation. For example, if you get into a car accident and decide to take the case to court, you will need to file a civil lawsuit known as a “tort claim” to recover compensation for the losses that the defendant incurred. You’ll have to file your case within the statute of limitation pertinent to this specific type of case. If you don’t, the court will not allow the case to proceed and you are dead on the ground. For most torts, the clock starts ticking on the day the civil wrong in question was committed. In certain cases, the time begins to run after the wrongdoing is discovered, or “should have” been discovered.

The Reason We Have A Statute of Limitations

The statute of limitations was instituted to ensure that claims can be resolved in a timely way. It can be unfair or inappropriate to force someone to live with the constant threat of legal action hanging over their head due to incidents that occurred decades ago that haven’t been resolved. While certain kinds of criminal cases like murder are the exception to the rule, they don’t apply to tort claims. Moreover, a statute of limitations also ensures a standard of fairness in the way claims are tried. As time passes, witnesses may forget what actually happened, evidence is lost, and the scene of the accident may physically change enough to make it difficult to determine how the accident occurred. 

Rhode Island Statute Of Limitations

The statute of limitations varies from state to state, depending on whether the claim is for property damage or circumstance. Rhode Island imposes a three-year statute of limitations for personal injury, product liability, and professional malpractice (including medical). For injury to personal property, the statute of limitations is ten years. 

Some exceptions to the statute of limitations as pertaining to car accident victims include:

• When a government entity is responsible for the accident, special rules such as a shortened statute of limitations may apply
• When a victim makes a claim under Dram Shop Laws, there may be a shorter statute of limitations

Contact Us Today

If you get into a car accident, you may not be able to think about things like filing claims on time. Focus on your physical and mental recovery – leave the paperwork to us. Call Tapalian Law to consult with an experienced car accident lawyer today.