After being in an accident due to the fault of another person or entity, you may be entitled to compensation. There are a couple of ways you could go about doing this. First, you could receive a payout from the at-fault individual’s insurance company. If that doesn’t work out as it should, your second option would be to file a lawsuit against the person who caused your injury. The following is some information regarding the time limits you have to get these things done.
When filing an insurance claim, there’s not typically a deadline for which you have to get it done. Most insurance companies just ask that you get it done in a reasonable amount of time. One reason for this that will benefit you is that waiting too long could make it look as though you either don’t have an injury at all, or that it’s not as bad as you say it is. The claims process will take some time, so it also benefits you to get it done as soon as possible so you have the funds you need to pay for your medical expenses, lost wages and other resulting costs.
Personal Injury Lawsuits
If the insurance company isn’t offering what you feel is a fair settlement, you may wish to file a personal injury lawsuit instead. These claims have stricter deadlines, so it’s important you understand what they are. Something called the statute of limitations is what determines how much time you have to file your lawsuit. The statute varies from state to state, so be sure you speak with your lawyer to find out how long it is. Many states hover around two years, but it’s possible your state has a statute of limitations that only lasts one year. It’s also possible you could have up to six years.
If you don’t get your lawsuit filed within the time frame of the statute of limitations, you could lose the chance to receive that compensation. Many courts will dismiss a case if it doesn’t get filed on time. There are some extenuating circumstances, however, so you may want to check to see if any of them apply to your case. For example:
- If you were under the age of 18 when your injury occurred, the statute of limitations wouldn’t begin until your 18th birthday.
- If you were unconscious following your accident, the statute wouldn’t begin until you were conscious and understood you had an injury.
Receiving Legal Help
If you were in an accident that resulted in injury, you may need to act fast. Whether you feel you’ll get a fair payout from the insurance company or are planning to sue, it’s important you get to work right away. Contact a personal injury lawyer, like a personal injury lawyer in Trenton, NJ, today.
Thank you to the experts at Davis & Brusca, LLC for their insight into personal injury and the law.