How to Sue Following a Car Crash?

How to Sue Following a Car Crash?

If you’ve been seriously hurt in a car crash or lost someone due to another driver’s actions, you may need to file a lawsuit to get the compensation you deserve. But the process isn’t always straightforward. Suing after a car crash involves much more than completing forms or paperwork. 

You’ll need to act within specific legal time limits, identify all parties who may be responsible, and choose the correct court based on the value of your case. If you miss a deadline or sue the wrong party, you could lose your right to recover. Understanding how and when to take action is essential. Let’s move forward to learn more about it in detail.  

How the Lawsuit Process Works After a Car Crash

Here are the key steps to file a lawsuit after a car crash in California.

Step 1: File Within the Legal Deadline (Statute of Limitations)

Before doing anything else, you need to make sure your lawsuit is filed on time. California has specific deadlines depending on your age and who you’re suing. Missing these time limits can permanently prevent you from pursuing a claim.

General Time Limits:

Type of Plaintiff	Deadline to File
Minor (under 18)	Until their 20th birthday (against private defendants)
Adult (18 or older)	2 years from the date of the crash
Suing a public entity	Tort claim within 6 months, lawsuit within 6 months after rejection (or deemed rejection after 45 days)

If you're suing a government agency, there’s an extra step: you must file a formal tort claim first. If there’s no response after 45 days, the law treats it as rejected. From there, you have six months to file a lawsuit. 

In some cases, it may be beneficial to wait before filing a lawsuit, especially if your injuries are still developing. Allowing your condition to fully stabilize can give a more accurate view of the medical treatment needed and the long-term impact, which may affect the value of your case.

Step 2: Identify Every Party Who May Be Responsible

Lawsuits after a crash are not always limited to the person driving the other vehicle. You’ll want to carefully evaluate the situation to identify all possible sources of liability. Leaving out a responsible party could limit how much compensation you can recover.

Key Questions to Ask:

• Did the driver cause the accident due to speeding, distraction, or impairment?
• Who owned the car? Was it a private individual or a company?
• Did the driver have permission to use the vehicle?
• Was the driver working at the time? If so, their employer may be liable.
• Were poor road conditions a factor?
• Was visibility blocked by a truck, structure, or object placed unsafely?
• Could a defective vehicle part, like faulty brakes or malfunctioning lights, have contributed?

Commonly Named Defendants Include:

• The at-fault driver
• The owner of the vehicle
• An employer if the driver was working when the crash occurred
• A public agency for unsafe road design, poor signage, or malfunctioning traffic signals
• A manufacturer or mechanic if a vehicle failure was involved

It’s critical to include every party that may have played a role in causing or contributing to the crash. Your car lawsuit lawyer can help uncover these connections and ensure all responsible entities are named in the lawsuit.

Step 3: Choose the Right Court for Your Case

The court where you file your lawsuit depends on the value of your claim, and this decision affects how your case is handled. California offers different types of courts based on the amount you’re seeking and the complexity of the case. Choosing the correct one is crucial.

Small Claims Court: For Low-Dollar Cases

Small claims court is generally used for minor disputes, such as vehicle damage or light injuries. In small claims court, you cannot have a lawyer represent you during the hearing, but you can still prepare with legal advice before filing. This option works best for straightforward cases with limited financial impact. However, the lack of legal representation and simplified rules can also make it harder to navigate if any complications arise.

Limited Jurisdiction: For Claims Under $35,000

If your damages total less than $35,000, a limited jurisdiction court is often the appropriate venue. These courts resolve mid-level cases more quickly. They typically involve fewer pre-trial motions, shorter trials, and restrictions on how many witnesses can be called. This type makes them a good fit for relatively simple cases, but still involves measurable losses, like medical expenses or missed work.

Unlimited Jurisdiction: For Serious Injury and High-Value Claims

Unlimited Jurisdiction courts handle cases over $35,000, including those with serious injuries or wrongful death claims. There is no limit to how much compensation you can seek. These courts follow more formal procedures and allow for full discovery, longer trials, and expert witness testimony. If your case involves long-term medical care, loss of earning capacity, or complex liability issues, this court will allow you to present your claim fully.

Conclusion 

Filing a lawsuit after a car crash is about more than proving someone was at fault. You need to act quickly, name everyone who might be legally responsible, and file your case in the right court based on its value. If you are suing a government agency, note that your deadlines are significantly shorter, and the filing process is more complex.

Many people lose out simply because they missed a deadline or didn’t include the right party. At Golden State Lawyers, our injury lawsuit lawyers guide clients through each of these critical steps. From filing on time to preparing a case that holds up in court, we stay with you through the entire process. If you're thinking about suing after a crash, our experts are here to support you.