Is there a time limit for filing a car accident lawsuit?
In Delaware, there is a time limit for filing a car accident lawsuit. Generally, a car accident lawsuit must be filed within two years of the date of the accident. This time period is known as the statute of limitations. If the accident involves claims against a government agency or employee, the time period may be shorter. In these cases, the plaintiff must usually provide notice to the government entity within 180 days of the accident. If a lawsuit is not filed within two years of the accident, the plaintiff’s claims will most likely be barred by the statute of limitations. However, some exceptions may apply. For example, if the defendant can’t be located or is a minor, the statute of limitations may be extended. Additionally, the statute of limitations may be extended if the tort was intentional or fraudulent, or if the plaintiff was injured and unable to file a lawsuit. It is important to note that a statute of limitations does not limit the amount of time in which victims can seek compensation from the at-fault party’s insurance company. However, if an insurance company fails to offer a reasonable settlement, victims may still need to initiate a lawsuit within the two-year period. To be sure, victims should speak with an experienced car accident lawyer as soon as possible.
Related FAQs
What happens if I waive my right to sue for a car accident?How can I find out if the other driver was under the influence at the time of the accident?
What should I do if the other driver threatens me after a car accident?
What rights do I have if I was injured in an uninsured motorist accident?
Is there a statute of limitations for filing a car accident lawsuit?
How can I find out if there are any available witnesses to a car accident?
What should I do if the at-fault driver in my car accident does not have enough insurance?
What if the other driver is uninsured and I was injured in the accident?
What can I do if the other driver refuses to pay for damages?
When do I need to file a car accident report?
Related Blog Posts
What Is My Legal Responsibility After a Car Accident? - July 31, 2023Do I Need an Attorney for a Car Accident Injury Claim? - August 7, 2023
What Are the Most Common Causes of Car Accidents? - August 14, 2023
How Can I Protect My Rights in an Automobile Accident Case? - August 21, 2023
How Is Fault Determined in a Car Accident? - August 28, 2023