When you have a car accident, it can be frustrating and leave you anxious over your injuries and what transpires in a courtroom. Among the common questions many individuals could ask, the answer to the question, how long after a car accident they could claim injury is one of the important questions most people could ask. You should be aware of this limit, since failure to meet it can mean you do not get money to cover doctor visits, lost wages, and pain. For more information, you can visitVehicleaccidentinjury.com.
In this article, we will discuss the statute of limitations that applies to personal injury claims. Moreover, we will let you know how you can ensure your claim under the statute of limitations, and what happens to your personal injury claim when you do not file it in the required period.
What is the Statute of Limitations?
The term statute refers to a law. The word limitation is used to denote a deadline. The combination of them forms the Statute of Limitations. This statute informs you about the amount of time after an incident that you must bring a case.
How Long Do I have to file a Claim After a Car Accident Injury?
Depending on the state, the time limit is determined. States have put a time frame of two or three years as the limit to bring up injuries caused by car accidents. The date of commencement can be the date when you observed your injury, but not the date of the accident. The deadline might be delayed in case of a minor being involved.
Normally, in most states, you are allowed to claim two to three years after the accident to lodge a claim for personal injury. After this timeframe, your case will most probably be eliminated by the court, and you will fail to get compensation. It should be noted that this is the amount of time that you have to submit your claim, but the sooner you can start the procedure, the better it will be.
Why You Should File a Claim As Soon As Possible?
Here are the reasons why you should file a claim as early as possible:
Strong evidence:
By filing your claim immediately, you preserve important evidence. Memory of the witnesses can decay, and pictures of the accident scene or of the broken car can become blurred. This is because it enables you to see the best evidence regarding your case.
Medical records
Not all the car accident injuries are noticed immediately. Such conditions as whiplash or concussions may be manifested days or even weeks later. Your injuries will be documented in early medical treatment, and this is crucial in your claim. This writing demonstrates the damages of your injuries completely and in connection with the accident.
Stronger case for compensation
The earlier the claims process is initiated, the higher your chances of getting full compensation. Days, as time progresses, you are more likely to face a challenge to your claim by the insurance company. Early filing assists you in getting a decent settlement.
What Happens if You Wait Too Long to File?
There is a statute of limitations imposed on the law on how long a claim can be filed. A delay will be detrimental to the likelihood of receiving equitable compensation. These are the dangers of taking too long:
1. Loss of Evidence
Physical evidence, witness statements, and photos may be lost with time, which makes it even more difficult to prove your case.
2. Insurance Companies Challenge the Causality
They can claim that they were hurt because of a pre-existing condition or another accident. Delaying the filing will hurt your chances of linking the accident with the injuries you suffer.
3. Insurance Company Pushback
They can tell you that you are not injured as much as you think or that the accident did not make you have the medical condition you currently have. The longer you wait, the more difficult it is to agree on a fair valued price.
4. Expired Deadline
In case you fail to file before the statute of limitations, the court will dismiss your claim, and you will not receive any damages even though your claim may be meritorious.
Exceptions to the Statute of Limitations
You tend to have a personal injury claim filed within two or three years. Sometimes, though, this may be a shorter or longer period:
Inability to disclose the injury soon: Other times, injuries such as internal or brain injuries are not apparent at first. Uncovering of injury is when the clock starts ticking, or it is when you ought to have realized that you discovered the injury.
A minor is a victim: In the case of an injured individual younger than 18, the statute of limitations may be deferred (tolled) till the person is 18. Then, they can file, even though the accident occurred when they were not adult.
Death of the victim: In case the victim dies because of the injuries, the family is allowed to incur the damages through wrongful death. This may not have the same time constraint as a personal injury case.
Steps to Take Before Filing a Claim
Before you file your injury claim, take these steps to ensure that you’re prepared:
1. Seek Immediate Medical Attention
It is possible that you do not feel hurt; however, some injuries are not apparent immediately. You have a medical record to prove your point.
2. Document the Accident
Charge down legal action, take pictures, get a witness testimony, and a copy of the police report. These pieces of evidence establish what occurred.
3. Notify your Insurance Company
Do this even when the other driver was at fault for the accident. The majority of the policies require you to report accidents within an appointed time frame.
4. Consult the Personal Injury lawyer
A lawyer will clarify this process and help you meet the deadlines, as well as cooperate with you on getting reasonable compensation.
How Much Time Does it Take to Claim a Car Accident?
The amount of time it takes to resolve a specific car accident claim depends on the complexity of the case. In some cases, it may take more than one year, but the length of time depends on:
The severity level of injury
Severe injuries require more time to diagnose and treat, hence the delay in the claims process.
Contested liability
People may end up fighting over the individual who was injured in the accident. In such an event, the claim usually takes a long time due to increased evidence and legal procedures.
Negotiation Process
When the insurance company makes you a too-low offer, you might be forced to negotiate and even get into a trial that can be so time-consuming.
Bottom Line
Depending on the statute of limitations in different states, you typically have two to three years to file an injury claim. In this time frame, you need to claim as soon as possible. The faster you do so, the more you will be able to collect evidence, receive medical attention, and increase the chances of having a successful case. When you are in doubt about your rights or the process of making a claim, you should speak to a personal injury lawyer to avoid losing the compensation that is due to you.
