When filing claims, car accident victims must be mindful of time limits. While some people are unaware of this deadline, others wait until the final minute. This mistake can be risky and sometimes create complications, making it difficult to make the most of the claim.
All road users need to understand how time limits work in accident-related lawsuits. With this knowledge, you can make informed decisions, take timely actions, and protect your rights. Keep reading to discover six essential facts about time limits in car accident claims and how they affect your case.
The Statute of Limitations is the Legal Term for Time Limits
Each state in the U.S. has specific timeframes for filing car accident claims, known as the statute of limitations. The statute of limitations ensures that those who suffer injuries after auto accidents file their cases while the evidence is still fresh. Delay makes it hard to preserve evidence, as another party may tamper with it. As a road user, you must know the statute of limitations in your state of residence.
The Countdown Begins on the Day of the Accident
Car accidents fall into the category of personal injury cases. Therefore, the time begins to tick on the day of the accident. However, not all bodily damage manifests immediately. If your medical records prove that you experienced delayed symptoms, you might qualify for the discovery rule. As such, your countdown will begin when you become aware of the injury.
Missing the Deadline Can Lead to Case Dismissal
Even if you have clear evidence to prove fault, the court will consider your case to be invalid if you file a claim after the deadline. Once the court dismisses the case, attempts to negotiate with the at-fault party or their representatives become futile.
Since you no longer have legal rights to sue, the offenders may refuse to offer compensation. Those who do usually present low-ball offers, making it impossible for you to get a fair settlement that covers special damages.
Claims Involving Government Vehicles Have Shorter Deadlines
If you’re involved in an accident with any government-owned vehicle, the time limit becomes shorter. The reason for this discrepancy is that government agencies need prompt notice to conduct investigations, assess liability, and manage resources. Instead of the usual two to three years, you’ll have between six months and a year to file your claim.
Minors and Incapacitated Individuals Can Get Extra Time
If an accident involves a child, the concept of tolling applies. It’s also effective when victims suffer mental incapacity after an accident. This law automatically puts the countdown on hold until the child is 18 or the incapacitated person recovers and can manage their legal affairs.
Consulting a Lawyer Helps You Save Time
Lawyers are invaluable in the claims process as they understand statutes and local laws that can influence a car accident settlement. Working with one prevents you from making procedural or documentation errors. These mistakes can be time-consuming to correct, but with legal guidance, you can enjoy a streamlined process and receive fair compensation.
Endnote
The statute of limitations is the legal term for time limits in filing claims. In car accident cases, the countdown starts on the date of injury. Though late filing invalidates claims, exceptions exist if you suffer from mental incapacity or are a minor. By working with a lawyer, you can save time, navigate court processes with less hassle, and get compensation for special damages.