How Long After a Car Accident Can You Claim Injury?
If you become injured in an accident, your priority is getting better. Your second priority may be returning to work or getting your car fixed. However, as you begin to improve, the medical bills can start to pile up. The doctor may even inform you that you cannot return to work in the same position you did before. Mental health problems could also emerge as you struggle to cope with what happened and the reduced quality of life it led to. This may lead you to ask how long after your car accident can you claim you injury?
Filing a personal injury claim can help you recover some or all of those damages. If the insurance company or court determines that the responsible driver was negligent, you may even receive punitive damages. Drunk driving, speeding or initially fleeing the scene can all increase the likelihood of you receiving punitive damages.
What Is a Car Accident Injury Claim?
Also known as a personal injury claim, such a claim allows you to seek damages related to the car accident you suffered. The compensation received can cover lost wages, medical bills, repairs or replacement of your vehicle, and your pain and suffering.
You can begin your claims process with the responsible party’s auto insurance company. In some states, your policy may cover damages from a hit-and-run as well. If insurance companies or another responsible party does not provide a reasonable solution, then you can file a claim in court.
How Long Can You Wait Before Filing an Injury Claim for Your Car Accident?
Each state has its tort laws that determine the statute of limitations on a claim. In some states, this gives you just one year to file a claim in court, while others may give you up to six years.
1 to 2 Years
Louisiana and Tennessee are the only two states that give victims just one year to file a personal injury claim related to a car crash. Most states provide two years. These are some of the states with two-year limitations:
- Alabama
- Alaska
- Arizona
- California
- Connecticut
- Delaware
3 Years
Several states provide victims with three years to file a personal injury claim. Below are most of the states that do:
- Arkansas
- Colorado
- Maryland
- Massachusetts
- Michigan
- Mississippi
4 to 6 Years
A minority of states provide a statute of limitations of four years or more years. Florida, Nebraska, Utah, and Wyoming are the only states that give four years. Only Missouri gives victims five years to file a claim. The states with six years for the statute of limitations include Maine, Minnesota, and North Dakota.
When Is the Best Time To File a Claim?
The ideal time to file a claim depends on the specifics of your case, and only an experienced attorney can guide you on the best approach. However, there are some general guidelines to consider.
For minor to moderate injuries, filing sooner rather than later is often beneficial. Delays can make it harder to prove the extent of your injuries and support your compensation claim. The longer you wait, the more challenging it can become to demonstrate the impact and validity of your case.
If you have more severe injuries and even disabilities, it is sometimes best to wait for a doctor’s projections of your condition before seeking compensation. Why is this? Your injuries may end up costing you more in the long run than you initially estimated. Because serious injuries tend to have longer-lasting effects, they are also easier to prove in court and require less urgency.
How Do I File a Claim for Car Accident Injuries?
The process begins at the scene of the accident. If your injuries are severe, you may complete these steps in a different order. Always put your health first.
Step 1: Gather Evidence
If you’re not seriously hurt, gather as much evidence as possible. This includes the other driver’s details, dashcam footage from nearby vehicles, witness contact information, and photos of the scene. However, if the damage is major, the other driver leaves, or you’re injured, call the police immediately.
Step 2: Seek Medical Care
Even if you do not feel injured, let a medical practitioner come to that conclusion. Schedule an appointment with your doctor as soon as possible. If you do feel you have suffered injuries, then consider going to the emergency room. Note that without medical records, you may find it almost impossible to claim damages for injuries later on.
Step 3: Contact an Attorney
Before talking to any insurance companies, it can be in your best interest to speak with an attorney. This is because insurance agents may use whatever you say to determine how to proceed with the case or how to assign fault. The last thing you want is to say something that can be misconstrued and used against you. An attorney can prepare you for that call.
Step 4: Talk to the Insurance Companies
When you feel ready, you can speak with the insurance companies. If you are severely injured or do not feel up to the task for other reasons, your attorney can do some corresponding on your behalf. Note that insurance companies often try to close out cases cheaply by offering you much less than your case is worth.
Step 5: Negotiate or Present a Case
Your attorney may then proceed to negotiate with the insurance companies. If the insurance companies refuse to settle or you choose to move directly into litigation, you can also file a personal injury claim in civil court. Be mindful of the statute of limitations in your state when making a decision.
Do I Need a Car Accident Attorney?
When it comes to any case that has the potential to involve money, big corporations or litigation, it is always a good idea to involve an attorney. Legal professionals can advise you on how best to navigate even the most complex cases. They can also estimate what your case is worth and how much to accept. Should you go to court, you can rely on them to present a convincing case on your behalf.
Our team is standing by to match you with an experienced attorney in your area. Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
