Time matters when you are injured in a car accident due to someone’s negligence. In San Diego, the time period for filing a personal injury claim is limited. To receive compensation for your lost wages, medical bills, and other expenses, you must thoroughly understand the deadline. With the help of car accident attorneys San Diego, you can complete the process and ensure that your claim is filed within the time frame.
Generally speaking, you have three years from the date of the injury or the date you learned about it to file a personal injury claim. The term “limiting period” is frequently used to describe this.
If you would like to seek compensation for a personal injury, you should get in touch with us right away. Finding witnesses to back up your claim is much easier if you contact us as soon as possible. Additionally, there are legal deadlines that require you to begin your claim as soon as possible.
You will need to work with your attorney to negotiate a settlement with the insurance company following the filing of your personal injury claim. The duration of the negotiating process can range from a few weeks to many months. Your case and the insurance company’s willingness to pay your settlement for its actual value will determine everything.
There is a statute of limitations for bringing a claim, but there is not one for how long it will take to get your claim settled. This implies that you might have to wait even longer to receive the compensation you are entitled to if your claim goes to trial.
What is the statute of limitations for filing personal injury claims
Starting from the date of injury, you have just two years to file the case. This time frame is referred to as the statute of limitations and it is applicable for most of the injury cases, whether caused by a slip and fall accident or another’s negligence. If you fail to file the claim within the statutory period, it is quite understandable that you will not receive the compensation.
The legal deadline for bringing a personal injury claim is known as the statute of limitations, and it differs depending on the state and the particulars of each case. For instance, Ohio Revised Code Section 2305.10 stipulates a two-year deadline. You will probably not be able to pursue compensation if you miss this date. Understanding your state’s laws and speaking with a personal injury lawyer are crucial for figuring out the precise statute of limitations for your case. A lawyer can properly evaluate your case and defend your legal rights.
Within three years, you have to register your claim with the court. It might not be feasible to complete your claim within three years, depending on the intricacy of your case and the extent of your injuries. However, you do not need to worry as long as you filed your case with the court within the allotted time (referred to as “issuing proceedings”).
It is more important to consider how long you have to file a personal injury claim than how long you can wait. Most states’ regulations normally provide you at least a year to submit your claim. You do not want to put things off until the last minute, though.
In order to receive the most compensation possible for your case, personal injury lawsuits require preparation prior to filing. It does require a significant amount of time to finish the work completely. You run the risk of jeopardizing your settlement if you decide to wait until the last minute.
Why should you act quickly?
Two years may seem like a long time, but you really need to act quickly. Over time, it becomes difficult to gather evidence. It is possible that memories of the witness may blur, evidence can get lost, and more. With the help of a personal injury lawyer, you will need to discuss the time required for collecting evidence as well as documenting your injuries to create a strong case.
Just imagine if you slipped and fell in your store. If you file your claim after a year, do you think security footage will be available? Even witnesses will forget the crucial details. It is advisable to initiate the claim-filing process as early as possible, along with the collection of critical evidence pieces.
Statute of limitations – what are the exceptions?
For most of the personnel injury cases, you will get a 2-year statute of limitations. But some exceptions can shorten or extend the timeline.
- Claims filed against government bodies
If your car accident case involves a government agency, you will get only a 6-month time period from the injury date for filing your claim. Suppose your accident is responsible for a quality traffic light, you need to file the claim within 6 months. If you miss the deadline, you will forfeit your compensation rights.
- Delayed discovery
If you are unaware of your injury immediately, the claim-filing clock will start when you actually discover it. For example, if the car accident injuries do not become obvious until several months, the two-year time period will start from the date of realizing the injury.
Beginning Point: Usually, the three-year period starts on the day of the injury. But if you did not know about the injury or what caused it, the clock can start when you learn about the injury’s link to the incident, Tod and Mitchell said.
The Value of Prompt Filing
It is important to file by the deadline. The court may reject claims that are submitted beyond the deadline.
Exceptions: Legaleye.co.in states that while there may be some situations where the three-year rule is not applicable, they are uncommon.
Implications of Postponement:
It may become more difficult to prove your case if you delay filing because evidence may be lost.
Summing it up
So, if you have been badly injured in a car accident, don’t wait. Immediately contact a professional car accident attorney for a brief consultation. They will review your case and explain the available options to you. Plus, they will assist you in understanding the deadline for claim filing. Without delay, act now, protect your own rights, and receive the deserved compensation. Ensure to select an accident lawyer only after going through his years of experience and his success rate. A lot depends on the lawyer, so don’t rush through the hiring process.
