A statute of limitations is a law that sets a strict deadline on how long you have to file a lawsuit. Think of it as a countdown timer that starts the moment you are involved in an accident — or from the moment you discover that the accident caused you harm. Once that clock runs out, your right to take legal action expires with it.
Question 2: How Much Time Do I Have to File a Lawsuit?
That depends on where you live and what type of claim you are filing. Every state sets its own statute of limitations, and the deadlines vary not only from state to state but also from one type of case to another. Learn more here.
For example, if you were injured in a car accident, your state may give you up to five years to file a personal injury lawsuit. But if a family member died as a result of that same crash, the statute of limitations for a wrongful death claim might be as short as two years. The type of harm suffered determines which deadline applies — which is why consulting an attorney early is so critical.
Question 3: If the Statute of Limitations Has Expired, Does That Mean I Can’t Be Charged With a Crime?
This is a common point of confusion, and the answer requires an important distinction. Civil cases and criminal cases operate under entirely separate statutes of limitations.
A civil case is brought by one private party against another. In personal injury and wrongful death cases, for example, the injured party — the plaintiff — files a lawsuit against the at-fault party — the defendant — seeking financial compensation. Civil statutes of limitations govern these cases.
A criminal case, on the other hand, is brought by a prosecutor on behalf of the state against someone accused of violating criminal law. Criminal statutes of limitations are completely separate from civil ones. If you were injured in a car accident and are considering filing a lawsuit, it is the civil statute of limitations that applies to your situation — not any criminal deadline.
Question 4: What Happens If I File a Case After the Statute of Limitations Expires?
Missing the deadline is a serious and often irreversible problem. If you file your lawsuit after the statute of limitations has run out, the defendant only needs to point that out to have your case dismissed. The court will throw it out entirely, and you will not be permitted to refile. It does not matter how strong your case is or how clear the other party’s fault may be — a missed deadline ends your case before it begins.
This is why it is so important to speak with an experienced car accident lawyer as soon as possible after an accident — especially one involving injuries. Even if you are unsure whether you have a claim, or you believe your insurance company will handle everything, do not wait. Speaking to a lawyer early gives you the time and information you need to make the right decisions. Because statutes of limitations vary so significantly by state and by case type, only a qualified attorney can give you reliable guidance about the specific deadlines that apply to your situation.
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Carabin Shaw is one of the leading personal injury law firms in San Antonio. They have extensive experience in car accident cases, focusing on getting clients the compensation they deserve for medical bills, property damage, and pain and suffering. Specialization: Personal injury, car accidents, wrongful death, truck accident injury, 18-wheeler accidents. Carabin Shaw offers a free initial consultation, and their team is known for fighting aggressively for their clients’ rights.
