When Should I File a Personal Injury Lawsuit?

A personal injury can have long lasting effects on the life of an injury victim. After you or a loved one was seriously injured due to negligence, you have the legal right to procure financial compensation for your losses. 

Securing financial compensation for a personal injury is often contingent on time. Depending on the circumstances of your incident, you may have a limited time to file a claim. 

What is the Statute of Limitations in a Personal Injury Case?

The statute of limitations is the deadline for filing a lawsuit. Most lawsuits must be filed within a certain amount of time before the claim is no longer valid.

The period of time differs based on the type of legal claim. In most cases, a plaintiff has a maximum of two years from the date of the accident. “If the plaintiff does not discover his or her injury right away, he or she has two years from the date of discovery to file,” note personal injury lawyers at Connolly Brennan Ralabate, PC, “If you are filing a claim for property damage only, you have three years from the date of the damage or two years from the date of discovery to file.” 

If your serious injury claim is against a government agency, you must file a claim within six months of the injury per the Federal Tort Claims Act. 

When Should I Contact an Attorney?

After suffering a personal injury, immediately seek medical attention. Even if injuries feel minor, it is best to go to the emergency room or make an appointment to see your doctor. Then, contact an experienced personal injury attorney to evaluate your case. 

Choosing to hire a personal injury attorney as soon as possible can be instrumental in securing the maximum financial compensation available. An attorney can help recover evidence before it is no longer available. An attorney can also help build your case and connect you with the proper professionals to evaluate and treat your injuries or conditions.

Filing or Settling a Claim: Timelines

Most personal injury lawsuits are settled before a lawsuit is ever filed. 

Settlements

If a personal injury lawyer believes your injury case can be settled, he or she will offer a demand letter to the opposing party or their insurance company.

Many times, a demand in a personal injury case will not be made until the injured party has made his or her maximum medical improvement (MMI) in order to determine ultimate costs of medical treatment and ongoing medical treatment. 

Filing a Claim

If the opposing parties are unable to reach a settlement, your attorney will file a personal injury lawsuit in court which then begins the litigation phase. Every state’s procedures differ, but typically a personal injury case will take a year to two years to get to trial. 

Following the litigation phase is the discovery phase where each party investigates the other side’s claims, collects evidence, and crafts defenses. The mediation and negotiation stage follows, which can involve a third party mediator or retired judge to help settle the case. If at that point no resolution is made, the case will proceed to trial. 

The Steps to Starting a Case

The days, weeks, and months following a personal injury can be difficult and full of stress, anxiety about finances, and wondering what you can do to remedy the situation. If you or a loved one was injured due to the negligence of another, consider speaking with a legal professional as soon as possible about your options for filing a personal injury claim. 

While there may only be so much available to treat your physical injuries, you can recover compensation to pay for medical bills, treatments, therapy, emotional distress, property damage, lost wages, and loss of quality of life.