If you were involved in a car accident, you may be entitled to file a car accident claim. What many people with potential car accident claims don’t realize is that their time to file is subject to a legal time limit.
In this blog post, you’ll learn more about:
- The legal time limit
- What the statute of limitations for a personal injury claim means to your claim
- Whether a lawyer would be helpful in assisting you with your claim.
Our friends at Herschensohn Law Firm, PLLC start with the legal time limit (also known as the statute of limitations), below.
Legal Time Limit
Regardless of what state you live in or where the car accident took place, your claim is subject to a legal time limit. If you miss the deadline, your claim will most likely be denied. This time limit is one of the most important deadlines involved in this type of claim.
What Is The Statute Of Limitations For Personal Injury?
In most states, the statute of limitations for a personal injury claim gives you two years, others it is three years from the date of the accident. There are often exclusions to this time limit. Two of the most important exclusions include:
- A child may be able to file a claim after they reach the age of majority
- If you were injured in the accident but you did not know it directly after the accident, you may have two or three years from the date you find out you were injured, depending on the statute of limitations in your state.
Keep in mind that each state has its own statute of limitations. It’s imperative to do the necessary research to determine how much time you have to file your claim.
How A Lawyer Can Help You
A car accident lawyer can help you manage all of your deadlines. The right lawyer has the experience necessary to understand the statute of limitations, court rules, and more. Your lawyer has the main job of helping you understand what is in your best interest during the life of the claim. For example, they may advise you on whether you should accept a settlement from the insurance company or attend mediation or arbitration with you. The insurance company has lawyers looking out for what’s in their best interest. It can be both reassuring and valuable to have a lawyer of their own.
When Should You File Your Claim?
While you do have two and sometimes three years from the date of the accident to file, you should start the process as soon as possible. By starting as soon as you can, you and your lawyer will have better access to locating and preserving evidence and locating eye witnesses to more accurately recall what they saw.