What is the statute of limitations for head-on collisions?
Head-on collisions introduce an amazing amount of damage and chaos to victims' lives. If you or someone close to you has been in this kind of accident, your first concern may lie with physically and emotionally recovering from the wreck.
However, as vital as this concern is, you should also remember the legal aspects involved in a head-on collision. Typically, you will have only a small window of time to take action against the driver who caused the accident. As you concentrate on putting your life back together after a head-on collision, you should understand how the statute of limitations for taking legal action could be determined in your case.
Statute of Limitations by State
The state in which you live will play a big role in how long you have to take action against the responsible party. Many states restrict this time frame to two to three years, although some states allow victims up to six years to file action in court. Before you decide whether or not to wait to consider your legal remedies, you should find out your state's individual statute of limitations for these kinds of accidents.
Property versus Personal Damage
The statute of limitations in your case may be determined by what kind of damage you sustained in the collision. In many cases, victims who suffered personal injuries in a head-on collision have a longer time frame to take action than those who did not. If you were injured in the wreck and suffered bodily damage like broken bones, concussions or other devastating injuries, you could have up to three years, if not longer, to file action against the responsible party. Again, however, the precise time frame depends on the laws in your state.
Even if you did not sustain any kind of bodily injury, you could still have two to three years to recover property damage expenses. If your car was totaled, for example, you could sue to recover the costs of having to repair or replace it. The statute of limitations after the accident allows you to recoup some of the financial losses you suffered.
The statute of limitations that pertain to head-on collisions may be extended if a victim lost their life in the accident. In a case involving a person's demise, survivors of the deceased generally have longer periods of time to file wrongful death suits against the person or company responsible for the collision.
This extension of time allows survivors to hire counsel and gather all of the necessary documentation, eyewitness statements, medical records and more to bolster their case in court. People who plan to file such a case in court would be well advised to find out how long they have to take the appropriate action after the accident.
Sometimes, it can be difficult for a victim to know how to act after this kind of accident. Rather than file the wrong kind of action or allow the time frame to expire, victims of head-on collisions should hire an attorney to help them. Your attorney can determine what damages to seek compensation for and quickly take the case to court (if necessary.
Head-on collisions are often traumatic and devastating accidents. Taking legal action before the statute of limitations expires can be vital in helping you recover and move on with your life.