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How Long Do I Have to File a Personal Injury Case?

Thursday, May 23, 2019

Deadline to File Your Claim

If you or someone you know has been injured it is important to seek an accident attorney quickly. There are certain deadlines that you must meet in order to preserve your claim and not lose it.  The deadline to file the claim is referred to as the “Statute of Limitations”. With very few exceptions, a personal injury claim must be filed in the proper court within 2 years from the date of the accident or the party will lose their right to compensation.

This may sound pretty straight forward, but with the stress of treatment, bills, and time off work, many parties forget this statute until it is too late or almost too late. This is why seeking the advice of an attorney or having an injury attorney handle your case from the beginning can help insure that these deadlines are not missed. Below are a few common situations in which we have seen where parties miss or almost miss their deadline to file their claim.

Common Pitfalls

Common Pitfalls: A lot of injured parties do not realize that if they do not bring their claim within 2 years that they then cannot bring it at all. This occurs in many scenarios, but two are fairly common.

  1. The injured party is still seeking treatment 2 years after the accident. In some cases a party may be terribly hurt and is seeking treatment throughout the two year period they have to file a case. Even if treatment is still being sought, it is necessary to file a claim with the Court. This claim may just sit pending for a while but without filing it the injured party would lose their claim.
  2. The injured’s insurance company is negotiating the claim with the injured party up to and past the 2 year statute of limitations. We have had multiple cases come in where the injured party has been working with the insurance company and believes they will look after them and help resolve their case. Many times this leads to the party missing the deadline to file or coming in at the last possible moment to get the case filed to preserve their claim. By seeking out an attorney early on in the case.

Contact a Personal Injury Attorney Today

The attorneys at Vanderpool Law Firm can help you or a loved one who may have been injured in an accident or other personal injury claim. We are here to fight to get you the compensation you deserve.

Call us at 574-268-9995 for a free injury consultation.