Vehicular accidents can turn an ordinary day into something traumatic. They have a physical, emotional, and financial toll on everyone involved.
The sad truth is that almost 6 million car accidents happen in the US every year. These are often caused by speeding, distracted driving, and being under the influence. The result is countless victims and damage to properties.
It’s important to remember that you have legal rights if negligence injured you. You’re entitled to seek compensation for your injuries, losses, and suffering. But you only have a certain amount of time to file a claim. This is also known in legal terms as the “statute of limitations.” It plays a big role in whether you can recover compensation for your injuries.
So how long after car accident can you claim injury? This post will break it down for you.
Defining the Statute of Limitations
The simplest definition of statute of limitations is that it’s a legal deadline. It determines how long you have to file a lawsuit after an accident or injury. Each state sets its time limits for different types of cases. This includes personal injury claims from car accidents.
You lose the right to file a lawsuit once the statute of limitations expires. It doesn’t matter how serious your injuries are or how strong your case might be. That’s why it’s so important to understand the deadlines in your state. You should also hire a car accident attorney to help you act within the allowed time.
How Long After a Car Accident Can You Claim Injury?
The time limit to file an injury claim after a car accident depends on the state you’re living in. It ranges anywhere from one to six years. The statute of limitations for personal injury claims in most states is two or three years. This starts from the date of the accident.
You have two years to file a personal injury lawsuit in Alaska, California, and Florida. You have more time if you’re from New York or Colorado. These states have a three-year Statute of Limitations for injury cases.
The Statute of Limitations often applies to filing a lawsuit. It’s not for making an insurance claim. Victims must report the accident and submit a claim to their insurance company as soon as they can. You must file your claim within a few days or weeks after the accident.
Having a few years to file a complaint might make you complacent. But any lawyer for car accident will tell you it’s never a good idea to wait. There are several reasons why.
- The evidence can disappear. Crucial evidence like vehicle damage or skid marks could become lost over time.
- Memories will fade. It becomes harder for you and witnesses to remember details as time passes.
- Medical records matter. You can have a stronger claim if you get prompt medical treatment. These reports can help link your injuries to the accident. It serves as proof.
- Insurance deadlines are shorter. Insurance companies will need you to report accidents and injuries. You only have a few days or weeks to do this.
What Happens If You Miss the Deadline?
The court will dismiss your case if you file a lawsuit after the statute of limitations expires. This means you won’t be able to recover any compensation for your medical bills and lost wages. There’s no recompense for the pain and suffering you’ve endured.
There are exceptions to the Statute of Limitations, though. The state can amend the deadline if your injuries weren’t discovered right away. There’s also some leeway given to minors and incapacitated victims. The clock will pause until the victim reaches adulthood or becomes capable again. Wrongful death cases have a different statute of limitations.
You need to consult an attorney for car accident to see if you can extend the deadline. You also need legal expertise, as every state has its own rules about exceptions.
Get the Legal Team You Deserve
You need a legal team that cares about your recovery after a car accident. We at Warner and Warner will fight to protect your rights. We’ll also secure the compensation you deserve. Our dedicated attorneys have years of experience handling personal injury claims. We know how to navigate tough insurance companies and build strong, winning cases. You don’t have to face this stressful time alone. Contact us or call 321-204-0802. Let our skilled team stand by your side every step of the way.