How Long After a Car Accident Personal Injury Claim Against Me Can You Claim Injury?
A prospective client called about an accident they had six weeks earlier. He did not contact an attorney at first because he thought the injury was not serious. As the medical bills and gravity of the injury grew he knew he needed legal help.
We get a lot of calls like the fictional one above from victims in an accident anywhere from a few days to a year or more later. Sometimes it is difficult to know if your crash was grave enough to contact a Carslbad being sued after car accident attorney.
Because each case is different, it gets confusing whether you can still file a suing for car accident injury against the other party. In this article, we will review scenarios when you can pursue your case.
HOW MUCH TIME IN CALIFORNIA DO YOU HAVE TO FILE A CLAIM?
The state of California statute of limitations for car accident personal injury claim against me or other personal injury cases is two years and three years for property damage. The time limit starts when you get in the accident, not when you submit the insurance claim.
So if you’re wondering “how long after an accident can you sue after a car accident file a personal injury car accident claim after an accident,” you should know that the time to bring a lawsuit is limited.
That said, file the insurance claim as soon as possible because you have one year to file an insurance claim on an injury. Note: the deadline is the same if you are the family member of someone killed in a car crash.
WHAT HAPPENS IF YOU DID NOT DISCOVER YOUR INJURY RIGHT AWAY?
A neck or back how to claim injury in car accident from an accident might not be noticeable right away. Many clients come to us up to a year later without realizing how much havoc their fender bender or collision caused on their body.
The more time that passes, the more causes could trigger the injury. That is why the law allows you to file a car accident injury claim claim up to one year after you discover the injury. The insurance company wants proof before they pay your settlement.
You need to minimize any unexplained gaps in your treatment timeline. When you discover the injury, you need to seek immediate medical treatment and stick to the course of treatment the doctor recommends.
For example, if your chiropractor recommends you see them three times per day, do it. Your health and your case are at stake.
INSURANCE COMPANIES USE A STRATEGY CALLED THE THREE D’S: DELAY, DENY, AND DEFEND.
Often they delay the resolution of the claim and might switch your adjustor multiple times to postpone the payout. Some companies even refuse to accept your call for weeks at a time.
By doing this, the insurance companies benefit from the interest on your settlement. It might seem like an infinitesimal sum to you, but the aggregate value of these interest payments is in the millions for the insurance company.
Even if you do not hear from the insurance company, do not take that as a sign they forgot about you. They use this time to check your social media and other hangouts to see if you have any cracks in your case as we talk about in defend.
By doing this, they delay payment even longer. Also, some claimants give up their case, which allows the insurance company to keep even more.
Part of the challenge with delaying your initial suit is the insurance company takes that as a sign they are innocent and deny your claim.
Sometimes they might try to give you a minuscule amount now, so you don’t get a bigger payoff later.
Another part of this defense is finding cracks in your story. The more gaps you have in medical coverage, the more probable it is for them to defend their position in court.
CAR ACCIDENT WITH A GOVERNMENT VEHICLE
The one exception to the insurance cases we discussed above is when you have a collision with the government. The government has more filing restrictions than a standard company.
You must file an administrative claim to the agency at fault within six months of the crash. The government has 45 days to respond.
If they deny the claim, then you have six months to sue the government in court. If you do not receive a rejection letter, then you have two years from the accident to file your lawsuit.
How Long After A Car Accident Can You Sue Do You Have to Report a Personal Injury After a Car Accident?
No matter how minor, car accident claim time limit are traumatic experiences. The shock from an accident may make it difficult to think clearly about what to do next. In many cases, the psychological effects of the accident can even mask a serious injury. It’s important to act swiftly when reporting a personal injury auto accidents after a car accident. You may have limited time to file a claim to seek compensation for your damages. This is known as the no injury car accident statute of limitations, which is the window of time you have to bring a lawsuit after car accident against another party for negligence.
How quickly you must report an injury will depend on whether you are dealing with an insurance claim or filing a personal injury lawsuit. If you’ve been hurt in an auto accident injuries, read on to learn more about how to protect yourself legally in both instances.
Dealing With Insurance After an Accident
First, proving that you sought medical attention directly following the collision is critical in strengthening your claim. Certain injuries like whiplash may not show up immediately after a crash. The more time that passes, the harder it will be to prove your injuries were a direct result of the accident, and not something else.
After a car accident, be sure you:
- Visit your doctor immediately following a car accident, even if you aren’t sure that you’re injured from car accident
- Never admit fault for the accident, even if you think you might be responsible
- Report the car accident to your insurance company within 24 hours
- File a claim with your insurance company as soon as possible if you were injured (no later than three days after the accident).
Don’t give any recorded statements to the other party’s insurance company if they question you.
Take pictures of the scene of the accident and document what can i sue for after a car accident you can recall; if possible, do this while you’re still present at the scene after the incident.
Speak with an attorney before deciding whether to accept an insurance company’s settlement offer.
Statute of Limitations for Filing a Personal Injury Lawsuit
When filing a personal injury lawsuit, you will still want to follow the steps outlined above. However, the personal injury statute of limitations (filing period time) will apply, and the clock starts running as soon as you know you’re injured.
Once the statute of limitations is up, you lose your right to file a lawsuit, except in rare circumstances. If you suspect your injuries are a result of another‘s negligence, consult a knowledgeable personal injury attorney as soon as possible.
Each state has specific laws when it comes to statutes of limitation. For instance, the California statute of limitations on car accidents depends on varying factors. Injured individuals must file a lawsuit within two years from the date of the crash. However, if someone dies as a result of a car accident and a wrongful death claim is brought, the time period begins from the date of death, not the date of the accident.
When filing a personal injury lawsuit, the clock starts running as soon as you know you’re injured.
Damages in a Car Accident Lawsuit.
A key reason for filing a car accident lawsuit filed against me is reimbursement for your losses. This is usually done through a monetary damages award ordered by the court. The award will compensate the injury victim for losses caused by the accident.
Damages awards can cover losses like:.
- Medical bills, hospital stays, and other health care expenses.
- Lost wages or loss of future earning capacity.
- Pain and suffering.
- Any property damage directly caused by the accident.
- Wrongful death expenses (if applicable).
As you can imagine, financial compensation would undoubtedly be helpful for a person i was injured in a car accident. That’s why it’s so important to be aware of filing deadlines.
Be mindful of when you need to file so you don’t miss the opportunity to bring a lawsuit. As with any legal claim, a missed deadline can be costly.
Can I Get an Extension on the Car Accident Statute of Limitations?
If you missed the deadline to submit your car accident lawsuit or won’t have time to file, it might be possible to get an extension.
However, be aware that extensions are typically only granted in specific situations. For instance, if a person is incapacitated due to the accident and unable to file a claim as a result, the court may grant an extension. This often requires medical proof.
Other extensions and exceptions may be available. It’s best to speak with a car accident attorney for more details on these, as they require additional documentation.
When to Contact a Car Accident Attorney
If you or a loved one were injured in a crash, the experienced attorneys at Hodes Milman are here for you. We understand the importance of filing a claim as quickly as possible, so you don’t miss out on the recovery that you are owed.
We have a strong track record of successfully fighting for our clients‘ rights. If you need help preparing for a car accident claim on time, contact us today by calling (949) 635-7285 for a free case evaluation. We will guide you towards getting your life back on track right away.