Statute of limitations is the period of time allowed by law
for a claim to be brought against a culpable party for damages. In other words, it is the statutory time limit
placed on the right to bring civil legal action against the party responsible
for the car accident. Accident statutes
of limitations vary by jurisdiction and different allotments of time apply to
different forms of claims or actions.
A victim of a car accident has to abide by the accident
statute of limitations that apply in the state or jurisdiction where the car
accident took place. In most cases, the accident
statute of limitations commences immediately after the car accident has
occurred. In some jurisdictions, the law
allows time for the victim to discover the damage, harm, or fault of the
culpable party.
Accident statutes of limitations that govern personal injury
and damage to personal property vary for each individual action. Some jurisdictions allow for variations of
the statute of limitations that apply to the individual action depending on
certain conditions of the accident, injuries, or damage. For the most part, accident statutes of
limitation apply according to the following definitions by jurisdiction:
- Louisiana: 1-year for both personal injury and damage
to personal property.
- Kentucky: 1-year for personal injury/2-years for
damage to personal property.
- Tennessee: 1-year for personal injury/3-years
for damage to personal property.
- Arizona, Delaware, Hawaii, Indiana, Kansas,
Ohio, Oklahoma, Pennsylvania, Texas, and West Virginia: 2-years for both personal
injury and damage to personal property.
- California, Connecticut, Idaho, and Nevada:
2-years for personal injury/3-years for damage to personal property.
- Georgia: 2-years for personal injury/4-years for
damage to personal property.
- Illinois, Iowa, and Virginia: 2-years for
personal injury/5-years for damage to personal property.
- Alabama, Alaska, New Jersey, North Dakota, and
Oregon: 2-years for personal injury/6-years for damage to personal property.
- Montana: 3-years for personal injury/2-years for
damage to personal property.
- Arkansas, Colorado, Maryland, Massachusetts,
Michigan, New Hampshire, New York, North Carolina, South Carolina, Washington,
and Washington DC: 3-years for both personal injury and damage to personal
property.
- New Mexico and Vermont: 3-years for personal
injury/4-years for damage to personal property.
- South Dakota and Wisconsin: 3-years for personal
injury/6-years for damage to personal property.
- Utah: 4-years for personal injury/3-years for
damage to personal property.
- Florida, Nebraska, and Wyoming: 4-years for both
personal injury and damage to personal property.
- Missouri: 5-years for personal injury/5-years for
damage to personal property.
- Maine and Minnesota: 6-years for both personal
injury and damage to personal property.
- Mississippi and Rhode Island: 3-years for
personal injury
Accident statutes of limitations can be extended, altered,
or tolled for certain circumstances such as in cases involving minors or delayed
discovery.
To avoid ineligibility to your claim due to
expiration of accident statute of limitations in your car accident case you
should contact a local car accident attorney immediately after motor vehicle
crash.