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Why Time Is of the Essence in Pursuing a Car Accident Injury Claim

When you are involved in an auto accident, the consequences can include severe pain, mounting medical bills, mental anguish, confusion, and intense stress.  Between seeking medical attention and trying to figure out how to navigate the physical, financial, and emotional, the prospect of dealing with insurance companies and/or filing a lawsuit might seem like a […]

Why time is of the essence in pursuing a car accident injury claim

Car Accident Injury Claim Deadlines

When you are involved in an auto accident, the consequences can include severe pain, mounting medical bills, mental anguish, confusion, and intense stress.  Between seeking medical attention and trying to figure out how to navigate the physical, financial, and emotional, the prospect of dealing with insurance companies and/or filing a lawsuit might seem like a low priority.  Although healing will always be the most important priority in the aftermath of a car accident, financial compensation for your injuries can ease the financial and emotional hardships so that you can focus on your physical recovery.  The bottom line is that you must move promptly to pursue your claim because the insurance claim and litigation process both are subject to strict deadlines.  An experienced personal injury attorney can advise you regarding these deadlines and other procedural requirements for pursuing a successful injury claim.

Every state has statute of limitation laws that impose strict deadlines for commencing a lawsuit to seek damages for injuries suffered in a car accident.   The importance of these timing requirements cannot be overstated.  Failure to settle your claim or file a lawsuit within the required period usually amounts to a complete bar to any recovery.  Since there is no “hardship exception” to the statute of limitations, compliance is essential to avoid forfeiting your right to financial compensation.  Even if the liability of the other party and the severity of your injuries are beyond dispute, noncompliance with the statute of limitations can become an unforgiving barrier to the financial compensation injury victims should recover.

Although the statute of limitations constitutes the most important deadline, other legal and insurance timing requirements might also apply to a claim.  If the government might be a defendant in your lawsuit, such as when a government employee slams into your vehicle while performing duties within the scope of his or her employment, notice must be provided often much sooner than the date the statute of limitations expires.  Insurers also impose notice requirements that can affect an insurance claim.

Aside from these formal procedural notice and timing requirements, practical reasons make it imperative to seek legal advice and representation promptly after you or a loved one has been injured in a car accident.  Whether you are pursuing an insurance claim, lawsuit against the other driver, or both simultaneously, you must gather and effectively build a case based on witness testimony and other evidence.  As time passes, evidence can be altered or destroyed, and witnesses can disappear or forget important information.  If you retain an experienced auto accident attorney, your legal professional can guide you through the complex process of pursuing an insurance claim or lawsuit to recover financial compensation.

CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW

Were you or a loved one injured by a negligent driver? Parker Waichman LLP helps families recover monetary compensation for harm caused by dangerous drivers. For your free consultation, contact our law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).

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