Suffering an injury due to someone else's negligence can be a life-shattering experience. Aside from the physical and emotional pain, there's often a considerable financial burden that comes with medical expenses, lost wages, and more. You need to file a personal injury claim to get the compensation you deserve. However, there's a time limit on how long you can wait before filing a lawsuit.
What Are the Time Limits on Personal Injury Claims?
Every state has its statute of limitations, the deadline by which you must file a personal injury claim in court. In most cases, this deadline is two to four years from the date of the injury. However, depending on the nature of the injury and other factors, this time limit can be much shorter. It's essential to note that if you fail to file within the statute of limitations, you will likely lose your right to seek compensation.
Why You Shouldn't Wait to File a Personal Injury Claim
Filing a personal injury claim may not be on your to-do list after an accident, but you mustn't delay the process. The longer you wait to file, the higher the risk of losing evidence that can help prove your case. Also, waiting too long may make it harder to track down witnesses and experts who may be crucial to your claim. Moreover, insurance companies are always looking for ways to reduce the value of your claim, and they often argue that your injuries might not be related to the accident if you take too long to file.
How to Ensure You File Your Personal Injury Claim Within the Time Limits
The first step to ensure you file your personal injury claim within the time limit is to speak with an attorney. An experienced personal injury attorney will guide you through the process, help you understand the laws in your state, and ensure that you submit the necessary paperwork correctly. They can also advise on the compensation you are entitled to and negotiate with insurance companies to get the best settlement possible.
What Happens If You Miss the Time Limit to File a Personal Injury Claim?
If you miss the deadline to file your personal injury claim, you may lose your right to compensation altogether. The court will likely dismiss your case, and you can no longer seek damages for your injuries. However, there may be exceptions in some cases. For instance, if the plaintiff was a minor at the time of the injury, the statute of limitations may not start running until they reach the age of 18. In some states, the time limit may be extended if the plaintiff was incapacitated due to the accident.
Personal Injury Claims in Fresno
At Fowler | Helsel | Vogt, our experienced lawyers understand that it can be very difficult and stressful when you're injured due to someone else's negligence or wrongful act. We are here to help you get the compensation you deserve for your injuries. Don't hesitate to contact us today at (559) 900-1280 for a free consultation!