You’ve Been Injured in an Accident: How Long Should You Wait to File a Lawsuit?
Overview: If you have been injured and you think you might have a case for a lawsuit, you may wonder about the best time to file. The question can be a tricky one, with many factors to consider, including certain limitations. Read on for some useful info!
When you suffer an injury due to the actions or negligence of another party, it can be a difficult and overwhelming time. Not only do you have to deal with the physical pain and trauma of your injury, but you also have to navigate the legal system and figure out how to get the compensation you deserve. One of the most important questions you may have is how long you should wait to file a lawsuit.
The answer to this question is complex, as it depends on various factors. The first thing to consider is the statute of limitations where you live. The statute of limitations can vary from state to state, so you should consult an attorney in your area to determine how long you have after the injury occurs. You don’t want to wait so long that your window of opportunity closes. Once you’ve figured that out, you can make a plan on how to proceed. There are a number of steps to follow.
Report Your Accident Early
First things first, you should report your accident to the proper authorities. When you get into an accident, the first thing you should do is call 911. Seek medical attention right away, even if you’re not sure you’ve suffered a serious injury. When you contact the police, they will investigate the accident and file a report. This will be a valuable document for your case later.
Make sure to gather all the documents of your incident, including any medical records that accumulate as a result of your injury. If you’re incapacitated in any way, you might want to call on a friend or family member to help you keep all of these records organized. Keep names, phone numbers, and the insurance info of people involved in the accident, as well as photos of the accident if possible.
Filing an Insurance Claim
After your injury occurs, you’ll also want to call your insurance company as soon as possible. The insurance company may ask for copies of the records and documents you’ve collected, and once you’ve started working with a personal injury attorney, they will likely be in touch with the insurance company as well. Just remember to keep the original copies of all the important documents for yourself!
Your insurer may require you to report within 30 days, and you will only sometimes have to file a claim within the same period.
How Long Do I Have to File My Personal Injury Lawsuit?
There’s not a single universal answer to this question. Every state has time limits — the aforementioned statutes of limitations — and the time within which you should file the case varies according to the type of the claim, and even within states.
In the state of California (where William D. Shapiro Law, Inc. does business), the statute of limitations for a personal injury lawsuit is two years from the injury. In cases where the injury was not discovered right away, the statute of limitations is one year from the date the injury was discovered.
Related Reading: Statutes of limitations in all 50 States
What Are Statutes of Limitations?
Still confused? Let’s go a little more in-depth. Here’s the definition of the term from Investopedia: “A statute of limitations is a law that sets the maximum amount of time that parties involved in a dispute have to initiate legal proceedings from the date of an alleged offense, whether civil or criminal.” (A personal injury lawsuit is a civil case.)
Of course, many injuries can take time to recover from — both physically and emotionally. While you’re getting over your injury and attempting to get back to your normal life, you might feel like you have enough stress without also having to worry about filing a lawsuit before time runs out. Why do statutes of limitations exist, anyway?
The motivation for their existence is to maintain balance and fairness in the justice system. Theoretically, without a law imposing a deadline to file, a claimant could take years and years to file, by which point evidence could be lost or degraded, and the memories of witnesses to the incident may have faded. Although the concept is not without controversy, the idea is to impose a reasonable deadline on cases so important details remain timely.
Related reading: Statutes of limitations – Overview, Rationale, and History
How Soon Does the Clock Start Ticking for the Statutes of Limitations?
Once you have figured out how the law applies to the timeline of your case, your next step is determining when the clock started ticking. Usually, the time runs on the “date of harm,” which simply is when you (or your property) is harmed.
At times, however, the consequences of an injury don’t become apparent until well after the injury occurs. It could take months or even years for symptoms to fully manifest. Cases like this are where the “date of discovery” we mentioned earlier comes in. In such cases, the statute of limitations may extend to the date of discovery, when the plaintiff first becomes aware of the harm. For this reason, it’s a good idea to contact a personal injury attorney even if there are no immediately obvious signs of harm.
Related Reading: What if my car accident injuries don’t show up right away?
The laws surrounding personal injury cases are complex, and this is what lawyers are for – to use their expertise to help you navigate this journey.
Reach out to a Personal Injury Attorney to Help You
If you or a loved one has sustained an injury in an accident and you’re confident that it could be the basis for a personal injury lawsuit, don’t delay. Make sure to file your claim on time. However, if at all possible, be sure to prioritize receiving medical treatment. You don’t want your condition to get worse while you’re rushing into making phone calls and filling out paperwork.
For the best possible outcome, consider reaching out to a personal injury lawyer. At William D. Shapiro Law, Inc., we’re proud of our long history of getting results for our clients throughout California. The sooner you contact us, the sooner we can start working together to build a case for you!
William Shapiro has handled catastrophic injury/wrongful death actions for over 4 decades obtaining numerous seven and eight-figure verdicts and settlements. Honors include: 2022, 2016 and 2013 OCTLA “Top Gun” TLY; 2022 CAOC TLY Finalist; 2018 “Lifetime Achievement Award” Western State College of Law, 2021 & 2017 Best Lawyers, Lawyer of the Year; 2016 WSBCBA “TLY”; 2015 CAL-ABOTA “TLY”; 2014 “TLY” Consumer Attorneys of CAOIE; 2011 “Hall of Fame,” Western State College of Law; Fellow, American College of Trial Lawyers; International Academy of Trial Lawyers; International Society of Barristers; Diplomat, American Board of Trial Advocates (ABOTA); National Board of Trial Advocacy; specialist in Trial Advocacy, State Bar of California; “Best Lawyers in America” and “Tier 1 Best Law Firms” U.S. News; AV Preeminent, Martindale-Hubbell; SuperLawyers; Past President of: San Bernardino/Riverside chapter ABOTA; San Bernardino County Bar Association; Consumer Attorneys of Inland Empire; The Joseph. B. Campbell American Inn of Court; Consumer Attorneys of California; IE ; National Sec of ABOTA, Adjunct professor, Western State College of Law. Learn more here.