Frequently Asked Questions
How long after a car accident can you file a claim for damage?
There are various provisions of law, known as statutes of limitation which limit the amount of time you have to bring a claim. The amount of time you have to bring a claim can depend on the nature of the claim you are making. For example, if you are making a claim for personal injuries or property damage the time limits are different. Further, the amount of time you have to bring a claim may also depend on the type of defendant. If the defendant is a public entity you have much less time than if the defendant is a private individual or a business. It may not be obvious immediately after an accident who all of the appropriate defendants are. Therefore, it is important that you contact an attorney with significant training and experience in personal injury law soon so they can properly analyze the appropriate statute of limitation in your case.
As of the time of this writing (January 2022), an injured party has two years from the date of injury to bring a claim against a defendant who is a private individual or business. We must caution you, however, by noting that this is not legal advice. We cannot assess the precise statute of limitation that applies to your case without talking to you and assessing the facts of your matter. Therefore, we urge you in the strongest possible way to call our office today for a free consultation on this issue. You should not rely only on the information presented here.
Should I get a lawyer for a car accident that wasn't my fault?
Absolutely! When you have been in an accident that isn’t your fault you are at your most vulnerable. Strategically you are at a disadvantage. The driver who caused the accident has insurance which means the driver who caused the accident probably has an amazing amount of resources behind them to do everything from denying liability for the accident to denying the need for basic medical care following an accident.
One of the questions that our clients consider when they are looking for an attorney is whether or not they need a local attorney or whether or not they can use an attorney that advertises from outside the area. I cannot stress enough that you choose an excellent local attorney. Here is why. We had a case where our clients have involved in a serious automobile accident, it was not clear that they would survive, their injuries were as dramatic as it gets, and they were hospitalized in the intensive care unit. We needed to get to work on this case right away. My office became aware of the case the very day after it happened, this accident occurred on a summer evening, and by the following day, we were already working on it because we are local attorneys. We knew the medical team that was treating our clients, we were able to communicate directly with the medical team, and this was a complicated accident sequence involving several vehicles in an area where the freeway transitions to a highway.
Because we are local, we actually knew some of the other parties involved in this accident. We could begin working right away to preserve evidence. Because we are local attorneys, we knew the law enforcement that was involved, and when we discovered evidence, when we found evidence that had been missed on the roadway, we were able to contact law enforcement and let them know about that evidence. We had our experts on the road documenting the scene, collecting evidence, and determining just what happened in this accident within 48 hours of the actual accident occurring. The evidence that we found became key evidence in this case. When our experts brought it here and secured it on our evidence locker, law enforcement actually came to our office to photo document the evidence we found on this complicated roadway scene. Because we are local attorneys, we had access to tow yards, towing companies, and other businesses involved in the recovery of the vehicles from this accident scene that an out-of-town attorney would not have access to.
We had our team documenting, measuring, photographing and videoing all the vehicles involved in this accident, within days of the accident occurring. Evidence has a way of disappearing over time. It is not always because somebody is up to no good, but it is because vehicles move off from tow yards to junkyards, and you have to get this evidence secured and secured right away, having a local attorney involved in your case and involved in your case quickly is key to the proper handling of your matter. So you must contact the attorney right away. Contact our office right away, as soon as you are in a safe place, as soon as you are secure from the accident scene, and your immediate medical needs have been met, give us a call that allows us to get to work. I was on the roadway in this case that I have been talking to you about. This accident occurred in the evening. The next day we became aware of it, we had our expert team moving, and I was on the roadway the very next morning, less than two days after that accident.
I was walking the scene, and the reason that this is so important is that there are thousands of vehicle trips per day through this accident scene, debris getting moved, tire marks on the roadway are getting scrubbed away, but we had high-tech drones with the best resolution flying the roadway. We had our accident reconstructionist out on the roadway, measuring all the physical evidence, documenting the evidence. Some of these vehicles did not stay on the roadway. We measured all the contact marks for these vehicles in gullies and berms, and dirt. Moreover, we were out there before the wind, the rain, or the weather had moved any of this evidence. We were able to collect it all. Because we were able to collect it all, we were able to say exactly what happened in this case.
Initially, it was unclear which vehicles moved in which direction, but we knew the physical evidence would tell the story. So we got out there, we got after it, and we collected all that physical evidence, and we are even able to help law enforcement get the evidence they needed to conclude how all these vehicles moved on the roadway during this really dramatic accident. I am happy to report my clients have made an amazing recovery, they are remarkable people, and they are back with their family today. However, because it is so important that we get to work right away, that you get a team of local experts helping you on your case, give us a call, our consultations are free, it does not cost you anything to sit down with us, we will even come to you if necessary. Thank you for your consideration.
Contact us. We'll be glad to help you.At Arthofer & Tonkin Law Offices, we are dedicated to providing our clients with compassionate and experienced representation.
Making sure you receive proper compensation can be challenging and overwhelming after an accident, and we are here to help. Our law firm can provide you with the best personal injury attorney in Redding, California. Contact us now.
Serving Redding, California, and Beyond.We at Arthofer & Tonkin Law Offices offer our services to those in Redding, Northern California, and all of California.
We are dedicated to providing quality legal services to our clients and helping them through difficult times. If you aren’t sure if your case falls within our service area, don’t hesitate to reach out. We will be happy to answer any questions you may have and see how we can help.