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How Long After An Accident Can I File A Personal Injury Claim?

If you are injured in an accident due to someone’s negligence, healing should be first priority. When recovering from a severe injury, you should also consider what will happen when your life returns to normal.

If you intend to file an injury claim afterward, you should protect your legal rights immediately after the accident. You should take appropriate steps and make essential decisions right after the accident. It is not mandatory to file a claim immediately after the accident, but the countdown starts right after the accident. You can click here to learn more about personal injury claims.

How long after an accident can I file a personal injury claim?

When you are injured in an accident, you have limited time to file a claim against the responsible parties. If the statute of limitation is four years, the time period will begin right after the accident and expires after four years of the accident anniversary. 

If you pass the deadline without taking action, you will lose the right to recover damages. It means you should strive to settle the claim with the responsible party and insurers. You should file your lawsuit before it is too late. 

If the injury involves negligence, like in a slip and fall or auto accident, you will have only four years from the accident date to either sue or settle. The time period may vary from state to state. This is the primary deadline for injury claims, but it is far more complicated, and the conditions and exceptions can modify the statute of limitations. The modifications or exceptions occur due to the following. 

  1. Defendant filed for bankruptcy.
  2. The defendant or plaintiff is in another state.
  3. The defendant or plaintiff is incapacitated or ruled incapacitated in the college. 
  4. The defendant ignores service by fraudulent means. 
  5. Accident causing wrongful death.
  6. Some injuries are not determined after some years. 

When the injured person is minor, the deadline can become more complicated. The minor’s statute of limitations is mostly seven years or when the child turns 18.

In the perfect world, the person who caused your injury contacts the liability carrier as shortly as possible. The insurance company will investigate the accident and assesses liability. They will evaluate the injuries, review medical records, and reserve the claim file expecting a future payment. Once you are ready to settle, the claim representative will negotiate a fair settlement. The process sometimes stops when there is no one to look out for legal interests. 

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