Isaiminia World Breaking News & Top Stories
Been in a car crash and wondering when to file a lawsuit?
Time is not your friend. The longer you wait after an accident, the less compensation you can recover. 52% of personal injury claims involve motor vehicle accidents, after all.
The problem:
Most injury victims don’t even realize they’re working against the clock. That is, until their case is thrown out forever due to expired legal deadlines…
In this article you’ll discover:
- The biggest reason timing matters
- Statute of limitations that can make or break your case
- How delay can sink your settlement amount
- Action steps you need to take from day one of the accident
Acting Quickly Could Mean the Difference Between Winning or Losing
First, here’s a little known fact that can blow your mind…
Personal injury lawsuits are all about deadlines. Every state has a maximum time period for how long you can wait to file a claim, known as the statute of limitations.
Miss the deadline and you can’t sue anyone for damages.
But here’s the kicker most people don’t realize…
The deadline changes wildly by state, depending on the specific facts and legal theories. The window can be as short as one year to file a lawsuit (don’t get too comfortable with the states that have longer deadlines just yet).
Here are some important variations to know:
- Accidents involving government vehicles: In some states, only 6 months to file a claim
- Accidents involving commercial trucks: Different filing requirements
- Hit-and-run accidents: Special discovery rules apply
Put simply, you need to know YOUR state’s specific rules post haste.
Every Day You Wait Could Be Thousands of Dollars in Settlement Costs
This is not an exaggeration.
Insurance companies use any opportunity to make your life difficult. They will absolutely play hardball with you over issues of delay in medical treatment and in reporting the incident.
Evidence is more difficult to secure, and the opposing party can always use that against you. An experienced auto accident lawyer in San Diego that has been around for a while will tell you that new cases are much more likely to result in a good recovery than old cases where evidence has become more difficult to find.
But here’s another problem with time in your case:
Insurance companies are aware of statutes of limitation as well. As the deadline nears, they have no real incentive to negotiate fairly with you. Why make a good offer if the injured party might either be past the deadline or be forced into an unfair acceptance?
Accidents Are Easily Erased from Our Memory
Photographs change.
Witnesses relocate, forget details, and their contact information is lost. Cars get repaired, trees trimmed, or signs painted over.
The one constant is the clock.
When it comes to automobile crashes, smart victims act quickly. They protect the case’s evidence by taking:
- Police reports and medical records right away
- Photos of the scene before cleanup occurs
Witnesses while memories are still fresh
Delay weakens cases across the board.
Delay in Medical Treatment Could Hinder Your Case
For reasons not entirely clear to non-medical people, the period between the date of an accident and the date of the first medical treatment can make or break a case.
Insurance companies love to argue the injuries were not serious or not related to the accident. This is why they delay you, and this is why you shouldn’t.
Timing matters because:
Ideally, you should seek treatment within 24 hours. Even if you feel fine, the truth is that not all injuries present symptoms immediately. Whiplash, concussions, internal injuries, and other symptoms can manifest themselves with a delay.
The medical record should be continuous from the start.
The upside to this is that you need to be at Maximum Medical Improvement before settling your case. Once again, the sooner you begin treatment, the better.
Negotiating a Settlement Takes Time
Contrary to what some people believe, settlement negotiations do not just happen automatically.
Expect several months to a year to be reasonable (exceptions apply).
What many accident victims do not seem to realize is this:
Acting early provides huge advantages:
Filing as soon as possible keeps the leverage high. Insurance companies will know you mean business and that you haven’t been sitting on your rights. Settlement negotiations are more likely to be faster and better.
Insurance companies treat late filers very differently. Negotiations are slow and drawn out in the hopes that the victim will panic and accept a lower offer.
Hard Numbers: The 95% Rule
Prepare to have your mind blown by this next little-known fact…
95-96% of all personal injury lawsuits settle before trial. If your case falls in that majority, your claim will be decided through negotiation, not a courtroom.
But negotiations take time. Legal teams need time to build a case, investigate, gather evidence, and calculate damages.
Rushing it is asking to leave money on the table.
Special Notice Requirements Apply When Government Vehicles Are Involved
Was the other driver in a car accident a government employee of some kind? Your deadline is shorter.
Claims against government agencies often have special notice requirements as short as 90 days to notify them.
Failing to file within the deadline is grounds to have your case thrown out.
The rules for “all claims” procedures exist in all states. If you miss the notice deadline, you will not be able to sue that government agency, period.
Insurers Count on Your Delay to Save Themselves Money
Insurance companies are in the business of spending as little money as possible on claims.
Stalling is one of their favorite games. The more time that passes, the better their chances of either making you miss your filing deadline or panic into accepting a smaller settlement.
Delay is always a trick.
Delay should always be a reason to worry. Every delay is an opportunity for them to save money. There are many tricks they love to play on the unwary.
- “We need more time to investigate”
- “We need more medical records”
- “Your records are incomplete”
- “We’re waiting for additional documentation”
While they stall, your deadline inches closer.
Consult with Counsel Quickly to Protect Your Rights
The number one thing you can do in the wake of any accident is to speak to a qualified attorney as soon as possible.
Legal advice in the immediate aftermath protects your rights. A good lawyer can review your deadlines, make sure they don’t pass, and help protect your right to compensation.
Almost all personal injury lawyers work on contingency, anyway. If they do not win, you do not pay, so taking legal advice is free.
Act Fast in These Red Flag Situations
Call asap when:
- Serious injuries require long term treatment
- Government vehicles are involved in the accident
- Commercial trucks and complex liability is involved
- Hit and run accidents where the driver is unknown
- Negligence is in dispute
When time is of the essence, every hour is crucial.
Beyond Statutes of Limitations: Strategic Reasons to Move Quickly
Winning a settlement is all about taking action ASAP. For many reasons, acting quickly creates strategic advantages.
Examples of this are bulletproof evidence collection when the details are fresh. Better medical documentation to connect injuries with an accident. Hard evidence and facts that give you more leverage with insurers.
Strategically, these advantages can make the difference between a fair settlement and a disappointing recovery.
Bringing it All Together
When it comes to motor vehicle crashes, time is your most important asset.
Waiting diminishes your chances of success and opens the door to missing filing deadlines. With an overall 61% success rate in car accident claims, having time to properly build a case makes all the difference.
Statutes of limitations create a hard deadline, after which your legal options are forever gone. Smart accident victims don’t wait until the last minute to preserve evidence, begin medical treatment, and protect their legal rights.
Don’t let delay deprive you of the settlement you deserve. The clock is ticking already.
