How long do I have to file a personal injury case?

When you are involved in an accident that results in personal injuries, there is a timeline in which you can file a case to get financial compensation. However, you need to assess the intensity of the injuries before filing any claims to ensure you get what you deserve.

You might think that the injury is minor and will take a few treatments to heal, but sometimes even minor injuries may end up lingering for months. You also need a correct assessment of the impact the accident has on your life. So, it is important to know when to file your injury lawsuit or insurance claim.

Time Limit to File Your Case in Court

The state law that determines what time you have to file your lawsuit is known as the statute of limitations. In any injury case, whether it is a slip and fall, car accident, or motorcycle accident, the personal injury statute of limitations is the law governing that period.

The statute of limitations differs from state to state. If you want the court to consider your case, you have to submit your case within the set deadline. In some states, the law sets different deadlines when you are suing for both personal injuries and property damage.

How well you understand the requirements of the court highly depends on the attorney you have on board. For example, if you want to file a case in Atlanta, hire an excellent Atlanta personal injury attorney to help you meet all the set requirements and get worthy compensation.

If by bad luck you miss out on the deadline, chances are you will lose your legal right to sue over the incident. It is crucial to know the provided deadline for filing your case as soon as the accident happens. The exception to that is when the injuries do not become apparent to you immediately after the accident.

Main Exceptions to a Personal Injury Statute of Limitations Deadline

Although different states have different laws, there are exceptions in every state where the deadline can be extended or changed altogether. In personal injury cases, that happens when:

• The victim is a minor
• The victim has mental incapacitation
• Unavailability of the defendant

The statute of limitations deadline for personal injury cases ranges from 1-6 years in different states in the US. Also, claims against the government tend to have special timelines.

When to File an Injury Claim

Once the accident happens and you start receiving treatment for your injuries, you need to start the process of filing your lawsuit. The reason to start early is to ensure you do not run into the deadline and end up losing your right to sue.

However, starting the case too soon could be limiting because sometimes you cannot tell the nature and scope of damages caused. To avoid misrepresenting your loss in the case, partner with a good lawyer and get an evaluation from relevant professionals like a physician.

Suppose you have not reached the maximum medical improvement level by the time you accept a settlement from the defendant. In that case, it is vital to have the correct valuation of your damages. You do not want to end up feeling like you lost the case even though you received financial compensation.