How to Determine the Amount of Time You Have for Filing a Personal Injury Claim

If you suffer from an accident caused by someone else, you deserve compensation. In some situations, insurance may be enough to cover your expenses. When this form of relief is impossible, your other option is to file a personal injury lawsuit. There is, however, a limit to how long you have for launching your case. Here are some important matters you should be aware of regarding your period for entering one of these suits.

Timely Personal Injury Insurance Claims

When it comes to insurance, some have no limit to the amount of time you can take before making your claim, so be sure to check your policy. The quicker you are at informing your insurance company of the accident, however, the better off you will be. Ideally, action should be taken within a month of sustaining physical damage. The longer you wait, the more likely the insurer is to believe you were not badly hurt. Avoid giving claims adjusters a reason to doubt your truthfulness.

Personal Injury Lawsuit Filing Deadlines

In the event you wish to launch litigation, statutes of limitation must be observed. These are lengths of time determined by the sort of case you are bringing and the location of the filing. In most instances, you have between two and five years to get the ball rolling.

If a lawsuit is filed after the deadline has expired, the defendant is likely to file a motion to dismiss. The odds are the target’s request for dismissal will be upheld and the ability to make the responsible party pay will no longer be possible.

Note that there are scenarios under which the length of opportunity for filing a case is altered. If you were underage when the incident occurred, the statute of limitations does not start counting down until your 18th birthday. The date upon which you discover the harm can also lengthen your window.

Personal Injury Lawsuit Filing Deadlines By State

Here are a few filing time limits imposed by different states.

  • California – 2 years
  • Massachusetts – 3 years
  • New York – 3 years
  • Texas – 2 years

If the region in which you wish to file is not listed here, a personal injury lawyer, such as from Johnston Martineau, LLP, can determine your specific restraint.

Speed is essential when it comes to filing a personal injury claim. Get in touch with an attorney specializing in these suits as soon as you experience an injustice. The faster you do so, the more likely your request for relief will be considered.