People severely harmed in car accidents may have legal options for recovering compensation from at-fault drivers or other liable parties. However, injury victims must file their claims within the statute of limitations, which creates a deadline for filing lawsuits. In Washington, D.C., the statute of limitations on car accident claims is typically three years from the collision (D.C. Code § 12–301). Working with an experienced car accident attorney can help ensure you file your claims before the statutory deadline.
Are There Any Exceptions to the Washington, D.C., Statute of Limitations?
Various circumstances may shorten or lengthen the deadline for filing a car accident claim. The court may pause or “toll” the statute of limitations on a claim in the following situations:
- If an injury victim is a minor, the statute of limitations period will begin when they turn 18 and can file a lawsuit (D.C. Code § 12–302).
- If the victim is mentally incapacitated, the statute of limitations won’t start until they are no longer disabled (D.C. Code § 12–302).
- If a victim does not immediately discover their injuries, they may have extra time to file a claim. The statute of limitations might begin when the victim discovers or should have discovered their injuries.
- If the at-fault party leaves D.C. or is in hiding, the statute of limitations period will not run until they return (D.C. Code § 12–303).
On the other hand, you may have less time to file a claim against a government agency or entity. If the accident involved a vehicle owned and operated by the District of Columbia, D.C. Code § 12–309 requires an injury victim to provide the D.C. Mayor with notice of a car accident within six months of the crash.
If you get into an accident with a federal government vehicle, the Federal Tort Claims Act may require you to provide notice of your car accident claim to the relevant federal agency within two years of the crash (28 U.S. Code § 2401).
An experienced car accident attorney can review the facts of your case and ensure that you file your lawsuit within the appropriate statute of limitations.
What Is the Purpose of Having a Statute of Limitations for Filing Lawsuits?
The law sets statutes of limitations on civil claims for several reasons. Most importantly, the statute of limitations ensures that victims file their claims before evidence becomes lost or witnesses’ memories fade. Lost evidence can make it more challenging for plaintiffs to support their claims and for defendants to argue against them. The sooner you contact a car accident lawyer, the more time they have to secure evidence to support your claim and pursue legal action before it’s too late.
What Happens If I Do Not File My Car Accident Lawsuit Within Three Years?
If you file your car accident lawsuit after the deadline, the court will likely dismiss your case regardless of its strength. If this happens, you may not refile the claim. You will also lose your right to seek compensation in civil court for the injuries and losses you’ve suffered due to the accident. Filing your lawsuit before the deadline is critical to preserving your right to pursue the financial relief you deserve from liable parties.
An experienced car accident attorney can ensure that all the necessary paperwork in your case is filed correctly and on time to protect your rights and future.
How Long Could My Car Accident Lawsuit Take?
No two car accident cases are alike, so it is difficult to provide an exact timeline. Some of the factors that may affect the duration of your car accident litigation include:
- The severity of your injuries and the duration of your medical treatment and rehabilitation
- The number of defendants in the case
- The number of other victims in the accident
- The complexity of the evidence, including whether you need to obtain accident reconstruction, engineering, or medical expert testimony
- Whether you may share some of the fault for the accident
- Whether the defendant(s) contest liability or the extent of your losses
- The schedule set by the trial court
- Whether pretrial motions get filed during the litigation
How Can a Lawyer Help Me Meet the Deadline?
Depending on the crash’s circumstances, you may have very limited time to file a claim after a car accident in Washington, D.C. Keep in mind that a successful claim will require extensive preparation. An experienced car accident lawyer can help you file your on time by handling the details of building and pursuing your case, including:
- Thoroughly investigating the crash to secure critical evidence, such as police accident reports, accident scene photos, surveillance and traffic camera or dashcam footage, eyewitness testimony, vehicle event data recorder logs, or drivers’ cell phone records
- Working with accident reconstruction and engineering experts as necessary to build a compelling case to support your right to compensation
- Identifying all potentially liable parties and evaluating your legal options for recovering compensation, such as insurance benefits or filing a lawsuit against liable parties
- Documenting your expenses and estimating your future anticipated losses to calculate what fair compensation may look like in your case
- Filing your insurance claims and dealing with adjusters on your behalf
- Aggressively negotiating for maximum compensation for you in settlements
- Drafting and filing claim notices or lawsuits before the applicable deadlines expire to preserve your right to seek compensation from liable parties in court
Contact a Washington, D.C., Car Accident Lawyer
If you’ve been in a car accident in Washington, D.C., caused by another driver, get legal help to pursue compensation before the statutory deadline. Contact Marks & Harrison today for a free, no-obligation consultation with a Washington, D.C., car accident attorney. We can review the facts of your case and evaluate your options for seeking compensation for car repairs, medical bills, and lost income. For more than 100 years, our firm has helped accident victims demand fair compensation – and we can do the same for you.
