You typically have a limit of one to three years to file a claim after an accident, although the timeframe can vary. This is known as the statute of limitations. Each state has its statutes of limitations built into its legal system. Separate regulations apply to federal issues.
There are often exceptions to these time limits in specific circumstances, such as when the accident victim is a minor. Regardless of the statute of limitations, whenever you are injured in an accident, it is smart to consult with a personal injury lawyer and discuss your options.
An attorney can make sure you meet important deadlines after an accident. Our Bellevue personal injury lawyers have recovered over $100 million for injured accident victims. Contact us today to schedule a free consultation and find out how we can help.
What Is a Statute of Limitations?
A statute of limitations is a law that establishes the maximum time after an event during which you can initiate legal proceedings. It varies by jurisdiction and type of claim, and once it expires, you lose your right to pursue legal action in court.
The clock begins ticking at the time of the incident, or, in some cases, at the time damage caused by the incident was discovered. The time frame can also be paused or tolled in some instances.
The purpose of the statute of limitations is to ensure that legal cases and claims are pursued while the evidence is still fresh and the events are still clear in the minds of the parties involved. It also helps prevent backlogs in the legal system by ensuring that cases are brought forward in a timely manner.
Statute of Limitations Vs. Insurance Company Deadlines
It is important to understand the distinction between insurance company claim deadlines and the statute of limitations. Specific insurers may include language in their policies that dictates when an accident should be reported and when a claim should be filed.
Missing the insurance company’s deadline may result in a denial or complication. This is one of the reasons it is important to consult with an attorney and file your claim as soon as possible, regardless of the statute of limitations in your state.
However, missing the insurance company deadline does not impact your right to pursue your claim in civil court, as long as you comply with the statute of limitations timeframe.
What Are Common Exceptions to the Statute of Limitations?
Each jurisdiction will have its list of exceptions that pause or delay the statute of limitations. This process is known as tolling. While it differs from state to state, several exceptions are common, including:
The Discovery Rule
The discovery rule dictates that the clock does not begin ticking on the statute of limitations until you become aware of, or reasonably should have become aware of, the damages you have suffered.
For example, you may not realize the extent of an injury suffered in an accident until weeks or months later.
Minors
The statute of limitations is tolled until a minor injured victim turns 18. This is common in cases involving abuse, and some states have specific laws dictating the statute of limitations for minors in such circumstances.
Mental Incapacity
In the case of an accident victim who is mentally incapacitated, the statute of limitations may not begin until they regain their mental capacities.
For example, if a car accident victim is temporarily under emergency care and unable to make decisions while they recover, the clock won’t start ticking until they have regained their faculties.
At-Fault Party’s Whereabouts Are Unknown
If the person responsible for the accident is not available either because they fled or have not yet been identified, the statute of limitations may pause until they are found or apprehended. For example, if you are injured in a hit-and-run car accident, it may take time to find the other driver.
When Is the Best Time to File a Personal Injury Claim?
How long you have after an accident to file a claim depends on the statute of limitations for personal injury where you live, but that doesn’t mean you should wait that long. In most situations, the sooner you file your claim, the better your chances of recovering compensation.
Waiting weeks or months after your accident, except in cases where the discovery rule applies, may give insurance companies reason to call into question the severity of your injuries. And, it could delay compensation that can help you pay your bills.
It is a good idea to consult with a lawyer as soon as possible after your accident. If not, call when you are considering filing your claim. Our firm offers free consultations, so there is nothing to lose by calling to discuss your case.
Do You Need Help With a Claim After an Accident?
The time you have to file a claim after an accident depends on the statute of limitations in your state. Typically, this period lasts between one and three years, although it can sometimes be significantly longer or shorter. There are also exceptions to the statute of limitations in some situations.
If you are injured in an accident, the most important thing is to get the medical care you need. After that, it is wise to speak with an attorney who understands personal injury law. They can explain your timeframe for filing a claim and help you get the compensation you need.
At Premier Law Group, we have over 55 years of combined experience advocating for the rights of injured victims. Contact us today to schedule a free consultation.
Jason at premier law group is truly an outstanding individual. Our particular case was not something that their firm usually sees but they were more than willing to help us and give us all of the information they had available. I can't recommend them enough.