There are many things that you need to be aware of after you have suffered an injury in a car accident. From a legal standpoint, you should know that the responsible driver owes you money for their negligence. However, your right to seek compensation for your car accident injuries only lasts so long because the law imposes a timeframe for you to file a lawsuit. If you try to take legal action outside of that period, the court will dismiss your case, and you will lose the right to sue entirely. Thus, the answer to the question of how long you can claim injury after a car accident is within the statute of limitations that exists in your state.
The best way to avoid missing the statute of limitations is to get legal help from an experienced car accident attorney as soon as possible. Even if it is still some time until you begin your legal case, your attorney can take the preparatory steps to put you in a position to file a strong case on your behalf. Waiting too long to contact a car accident attorney can harm your case by causing you to lose evidence and making your lawyer work under the gun.
When you contact a car accident attorney to discuss your case, you have no financial obligations. In your free initial consultation, you may learn about the legal process and the rules that govern your case, such as the statute of limitations. They have the knowledge and experience to guide you through the process and ensure you meet all the necessary deadlines.
The Statute of Limitations Governs When You Can File a Lawsuit
You will file a claim or lawsuit for damages when you have suffered an injury in a car accident. There is no federal body of law that applies to car accident cases. Instead, a combination of common law and statutes on the state level will determine each case. Numerous state laws and rules govern the legal process and your rights in a car accident case. While you may have a right to financial compensation for someone else’s negligence, you only maintain this right if you seek the money within a specific time.
The statute of limitations is one of the first state laws relevant to car accidents, and if you are not aware of this law, you may lose the right to seek compensation entirely. Even if you have proof of the other driver’s negligence, they figuratively are off the hook for compensating you if you file your claim or lawsuit after a certain period elapses.
You Only Have a Certain Amount of Time to File a Car Accident Lawsuit
The statute of limitations is your deadline to file a claim or lawsuit, and it is the last day you can initiate a lawsuit in court by filing it and serving it on the other party. The statute of limitations is not necessarily a jurisdictional issue; instead, it is about the expiration of your legal rights. Past a specific date, you no longer have the legal right to compensation for your car accident injuries. It does not matter if you are a month or a day beyond the deadline - the result is the same. The court will dismiss your case, and you will not have your day before a jury.
The statute of limitations is an unforgiving deadline. In the eyes of the court, late is late in almost every circumstance. There may be some exceptions to the statute of limitations, but they are rare, and you must meet your burden of proof to show that one of them applies to your case. Judges take a skeptical eye towards these arguments, so you must avoid being in a situation where you have to make them.
Once you have filed your car accident lawsuit in court, the only relevant deadlines are the ones that the judge sets as the schedule in your case and the rules of civil procedure. So long as you have filed your complaint and served it on the other party before the deadline, you will retain your right to fight for full compensation for your car accident injuries.
What Happens if You Miss the Statute of Limitations?
The statute of limitations comes into play after you file your lawsuit. The defendant will file an answer to your case in which they respond to your alleged facts. They can also plead several affirmative defenses, and the statute of limitations is one of them.
The defendant or the judge may also raise the issue of missing the statute of limitations, and you will need to respond. The judge may even ask both sides to argue the problem, and if the judge determines that you have missed the deadline, they may dismiss your case entirely. Your case can only continue if you persuade an appeals court that the trial court judge erred in deciding that you missed the statute of limitations.
The Reasons Why the Statute of Limitations Exists
The statute of limitations exists in practically every type of contested legal case. Prosecutors must abide by the statute of limitations in many criminal cases (some types of crimes do not have statutes of limitations). You are also subject to the statute of limitations in any lawsuit you file when seeking compensation from another person. The statute of limitations is a matter of fundamental fairness.
While you have rights in a car accident case, so does the defendant. The law also aims to be fair, preserve their ability to defend against your lawsuit and give them some predictability. The defendant needs to know that there is an outer edge when someone can sue them for their actions. They also must have access to evidence they can use to defend against your case in court. After a certain time, a defendant may lose the ability to contact their witnesses, and it is unfair for you to file a lawsuit many years in the future when you still have your evidence. Then, the defendant cannot challenge any allegations that you make.
When Does the Clock Start Ticking in Your Case?
The statute of limitations usually begins to run on the date of your car accident. That is when you realize that you suffered an injury, and in most cases, it happened at the accident scene.
However, there are instances in which you may not realize that you have suffered an injury. For example, if you have suffered whiplash, you may not begin to feel symptoms until weeks after the accident. Here, the statute of limitations begins to run when you realize you have suffered an injury.
Nevertheless, you cannot remain passive in the face of apparent symptoms of an injury. The insurance company may claim that the pain you were feeling after the car accident was an obvious sign of your injury, regardless of when you went to see a doctor.
You Should Not Wait Until Close to the Deadline to File Your Case
You need to learn about the statute of limitations early in your case as part of your education about the legal process. There is no compelling reason to wait for the entire length of the statute of limitations to take steps to begin the legal process. The longer you wait to start work on your case, the harder it may be to win. You may be unable to find a car accident lawyer willing to accept your case because they cannot obtain the necessary evidence.
The legal process for car accidents takes a considerable amount of time. Do not let the fact that you may have two or three years to sue compel you to wait that long. This fact creates a false sense of confidence that makes it nearly impossible for you to receive compensation for your injuries. Your car accident attorney may want to engage with the insurance company to explore the possibility of a settlement agreement. It can take time for you to agree on a settlement because both sides may begin negotiations far apart. If you wait until close to the statute of limitations to approach the insurance company, it may try to run out the clock, knowing that the time limit can take away your legal right to compensation.
Your car accident attorney needs to take time to investigate the crash and gather the evidence you need to win. They must also evaluate your situation to learn about your damages. Your lawyer has to wait to do this until you reach the point of maximum medical improvement (when future medical treatment will not help improve your condition) because only then will you know about the scope of your damages.
All of this is to say that a car accident lawyer cannot immediately file your case after they have agreed to represent you. A car accident attorney needs time to prepare your claim or lawsuit so they can make sound and persuasive arguments on your behalf. Simply stated, they must have time to do their job, and they cannot do it effectively if you first approach them with the time clock running out in your case.
Further, if you have legal help, you will not have to worry about rushing to file your claim in time. The key is to have someone do the legal work in your case and file your car accident claim when it is ready and persuasive.
Contact a Car Accident Lawyer Now to File Your Case
Even if you believe you have time to sue, you must contact a car accident attorney to schedule a free initial consultation. Once you have hired a car accident lawyer for your case, they will handle all the details. Your car accident attorney will keep a close eye on the calendar to know when they may need to take action in your case.
A car accident attorney understands the legal system and can advise you on the best course of action. By entrusting your case to an attorney, you can have peace of mind knowing that they will handle all the necessary paperwork and ensure that you file your claim within the designated timeframe.
Your car accident lawyer can handle all communication and negotiation with insurance companies on your behalf. Insurance companies are notorious for trying to settle claims for as little as possible. With an attorney by your side, you have someone who will advocate for your rights and fight for a fair settlement. They will handle all the negotiations, allowing you to focus on your recovery and well-being.
Getting Started on the Legal Process Does Not Cost You Anything Out of Pocket
You do not have to pay any money from your account to hire a car accident attorney. Other types of attorneys ask you to pay them money upfront, and then they bill you by the hour. Car accident lawyers work for you on a contingency basis, meaning they only get paid if and when you win your case. Thus, you will not have to come up with any money to get the legal help you need. Nothing stops you from hiring a car accident attorney right after your accident, which is what you should do to act in the interests of prudence.
A contingency fee arrangement gives you peace of mind, knowing that your attorney has an incentive to get you the best possible outcome. They will work diligently to gather evidence, negotiate with insurance companies, and deal with the legal process on your behalf. Your attorney's interests align with yours, as they only get paid if they secure compensation for your injuries.
A Seasoned Car Accident Attorney Is Standing By
Regarding the statute of limitations for personal injury claims after a car accident, having a lawyer on your side is essential. They possess the knowledge, experience, and resources to handle the legal system and ensure that you meet all the necessary deadlines. By hiring an attorney, you can alleviate the stress of the process and increase your chances of obtaining the compensation you rightfully deserve. Contact a trusted personal injury lawyer today to protect your rights and pursue your claim.
