Statute Of Limitations And Personal Injury
Whether you are a driver or a passenger who is involved in an auto accident, it is important that you contact your car insurance company as soon as possible following the accident. Immediately alerting your auto insurance company to the fact that you were in a car collision will help you to file accident lawsuits within state time limits.
Time Limits for a Personal Injury Suit
Each state has its own statute of limitations regarding how long you have to file a personal injury claim. If you file your claim after the statue of limitations has expired, you might forfeit your ability to sue another driver or his car insurance company. This could disallow you to be compensated for personal injury (and even property damages) that you suffered during the auto accident.
Filing a lawsuit after the statute of limitations has expired in the state where you file the claim could also impact your ability to be compensated for pain and suffering related to the car accident that you continue to experience years after the actual accident occurred. Because long term medical care can be expensive, filing a lawsuit early can save you hundreds or thousands of dollars.
Going Beyond the Statute Of Limitations
Some states allow drivers to file a accident claims after the statute of limitations has expired if injuries they suffered during their auto accidents caused them to be physically unable to file a claim earlier. Should this apply to you, contact an attorney who is experienced handling auto accident personal injury cases.
Your personal injury attorney will likely request that the courts have the statute of limitations tolled. In states where the statute of limitations do not begin until you become aware of the injury, you can also work with an attorney to prove that you experienced no discomfort related to the injury until after the accident.
Of course, the best approach is to file the lawsuit as soon as possible following the actual auto accident. Doing so could save you additional attorney fees, time, and discomfort. You could also recoup wages that you lost due to the accident.