How Long Should I Wait Before Filing a Personal Injury Claim?
If you are involved in an accident, you should not wait too long before filing a personal injury claim. These claims are tied to statutes of limitations, which can vary from state to state. After the statute of limitations has run out, you will not be able to sue the defendant for damages. However, you also won't necessarily want to rush into your personal injury case.
Gathering Evidence
After an accident, you will want to take time to gather the evidence you need to prove your case. You will need to talk to witnesses, take photographs of the accident and your injuries, and contact a personal injury attorney. While it is possible to pursue civil litigation by yourself, you should only do this in cases involving minor injuries. For more severe injuries, always hire an attorney.
Seeking Medical Treatment
You will also need to receive medical treatment and follow your doctor's guidelines. You may be contacted by the at-fault party or his or her insurance provider and be offered a settlement, but you'll want to be patient and speak with an attorney until you can determine how much your settlement is worth.
Building Your Case
While you shouldn't rush into a settlement, there are several other things you should do quickly. If you don't gather evidence, much of it might be lost, and this can make it more difficult to prove that you suffered damages. Your case may even be thrown out. Also, the extent of your injuries is not always apparent.
You might experience some pain, but you may not know how serious your injuries are until after a future medical checkup. Oftentimes, when you receive a settlement, you are entering an agreement in which you will not be allowed to sue the party for further damages related to the incident.
Working with Your Attorney
You should start the process as early as possible because there are many things that need to be done before you can receive compensation. For example, your attorney will need to engage in discovery and uncover evidence that can support your case.
Your attorney will need to contact the at-fault party and negotiate a settlement. The negotiation process might involve several offers and counter-offers being set back and forth. If your personal injury case goes to trial, this can take years to resolve because of how backlogged the courts are. Therefore, while you have some time, you shouldn't wait too long.
For more information, contact a personal injury attorney in your area.