How Long After Car Accident Can You Claim Injury?

Car accidents can be traumatic and disorienting experiences, leaving victims with both immediate and long-term injuries. In the middle of tackling all this, one critical question arises: How long after a car accident can you claim injury? 

Understanding the timeframe for filing a personal injury claim and contacting a car accident attorney is essential for ensuring you receive the compensation you deserve. 

Let’s delve into the various factors that affect the timeline for claiming injury after a car accident, the importance of acting promptly, and the steps you should take to protect your rights. 

Understanding the Statute of Limitations

The statute of limitations is a legal term that refers to the maximum time period within which you can file a lawsuit following an incident like a car accident. This time frame varies by state and the type of claim. In the context of car accidents, the statute of limitations typically ranges from one to six years. However, most states have a two to three-year window for personal injury claims.

For Example

Texas

Two years from the date of the accident is the statute of limitations for bringing a personal injury claim.

California

After the accident, you have two years to initiate a personal injury case.

New York

You have three years in New York from the date of the accident to bring a claim for personal injuries.

Finding out the relevant statute of limitations requires you to either contact a personal injury lawyer or research the particular legislation in your state. 

Exceptions to the Statute of Limitations

While the statute of limitations sets a general timeframe, there are certain exceptions that can either extend or shorten the period within which you can file a claim. Some common exceptions include:

Discovery Rule

In some cases, injuries or their full extent are not immediately apparent. The statute of limitations may start on the date the injury was found or reasonably should have been discovered, according to the discovery rule. 

Minors

If the injured party is a minor, the statute of limitations may be extended until they reach the age of majority (18 years old in most states).

Government Claims

If your accident involved a government vehicle or entity, you might need to file a claim within a shorter time frame, sometimes as little as six months.

Defendant’s Absence

If the at-fault party leaves the state or is otherwise unavailable, the statute of limitations clock may pause until they return.

These exceptions can be complex, making it essential to seek legal advice to determine if they apply to your situation.

Why Acting Promptly is Important

Even though the statute of limitations may give you several years to file a claim, it is crucial to act promptly for several reasons:

Preservation of Evidence

The sooner you act, the easier it is to gather and preserve crucial evidence such as witness statements, accident scene photos, and medical records.

Witness Reliability

Memories fade over time. Prompt action ensures that witness testimonies are accurate and reliable.

Medical Documentation

Immediate medical evaluation and ongoing treatment records are vital for establishing the extent of your injuries and linking them to the accident.

Insurance Deadlines

Insurance companies have their own deadlines for filing claims, which may be much shorter than the legal statute of limitations.

Steps to Take After a Car Accident

To ensure that you are in the best position to file a successful injury claim, follow these steps immediately after a car accident:

Seek Medical Attention

Your health is the top priority. Seek immediate medical attention, even if you don’t feel seriously injured. It could take some time for some injuries to show symptoms.

Report the Accident

Contact the police and file an accident report. This formal paperwork may be essential to the success of your claim. 

Gather Information

Get the insurance and contact details of every person engaged. Take pictures of the damaged vehicle, the accident scene, and any injuries that are obvious.

Notify Your Insurance Company

Notify your insurance provider of the collision as soon as you can. Be honest and provide the necessary details without admitting fault.

Keep Records

Maintain detailed records of all medical treatments, expenses, and communications related to the accident.

Consult an Attorney

Contact a personal injury attorney to discuss your case and understand your legal options. A knowledgeable attorney can help you navigate the procedure and guarantee that your rights are upheld.

The Role of a Personal Injury Attorney

Navigating the aftermath of a car accident and the complexities of filing an injury claim can be overwhelming. A personal injury lawyer can be of great help in the following ways:

• Assessing Your Case: Evaluating the merits of your case and advising you on the best course of action.

• Negotiating with Insurers: Handling communications and negotiations with insurance companies to ensure you receive fair compensation.

• Gathering Evidence: Collecting and organizing evidence to build a strong case on your behalf.

• Representing You in Court: If required, defending you in court so that you can get the money you are due.

Get in Touch with the Best Car Accident Attorneys

It’s critical to know how long after a car accident you can file an injury claim in order to get the money you require to pay for missed income, medical costs, and other losses. While the statute of limitations provides a general timeframe, acting promptly is essential for preserving evidence and building a strong case. 

Don’t wait until it’s too late. Contact Mokaram Law Firm today at (281) 609-9224 for a free consultation and take the first step towards justice and recovery.