When you are involved in a car accident and wish to sue the other party, you must learn the statute of limitations for car accident claims. These statutes vary by state, so victims of the accident should never assume they know the answer. In addition, the statute may change based on who is liable for the accident. If this deadline is missed, victims cannot recover compensation for their injuries, so request this information early. Doing so will give you time to prepare the claim and submit it to the court.
The Basics of Statutes of Limitations
A statute of limitations is a state law that outlines the time a person has to take legal action. If the plaintiff misses this deadline, the court will not hear the matter. States put these laws into place to ensure legal disputes are handled promptly and reliable evidentiary support remains available.
However, the statute of limitations for a car accident claim may differ from the statute of limitations for other legal matters in the same state. Every victim should speak to a car accident lawyer soon after the accident to ensure they retain the right to seek compensation.
Statute of Limitations Exceptions
Most states allow for certain exceptions when it comes to the statute of limitations for car accident claims. For example, a child under the age of 18 may sue when they become an adult if their parents have not already done so on their behalf. The same holds for legally incapacitated victims. Once the incapacity ends, this victim may sue or a legally authorized representative may do so for them.
Discovery
Under the discovery rule, a person may sue following a car accident if they don't learn of their injuries until after the statute of limitations has passed. Spinal deterioration that wasn't immediately obvious is an example of when the discovery rule might be applied. When the victim learns they have a right to file a claim, the statute of limitations clock begins ticking.
The Benefits of Hiring a Lawyer
It's wise to hire a lawyer immediately following the accident. The attorney protects your rights as the claim process moves forward and investigates the claim while the evidence is fresh. They help you determine a fair settlement amount and will represent you in court if the case makes it that far. They develop a legal strategy to increase the odds of your claim being successful and will negotiate on your behalf.
Settlement or Litigation
Often, insurance companies offer a settlement amount to prevent the case from going to court. If you don't have an attorney, accepting this settlement may seem like the right move. However, insurance companies typically lowball this offer to increase their bottom lines. Working with an attorney shows you are willing to go to court to get a fair settlement. When the insurance company sees this, it is more inclined to offer a fair settlement amount. If it doesn't, your attorney will proceed with the court case.
Always learn the statute of limitations for car accident claims immediately after you are involved in an accident. Hire an attorney to assist you in seeking compensation. With their help, your rights remain protected and you get a fair settlement, one that will help you as you recover from the injuries sustained through no fault of your own.