Timelines and the Importance of Prompt Claims
All states have deadlines affecting how long after a car accident you can claim injury. The statute of limitations is designed to prevent unwarranted or frivolous claims years after an accident occurs.
Problems arise when people procrastinate or experience a delayed onset of symptoms. This means there is usually a “sweet spot” time to file a claim, where you have reached maximum medical improvement (MMI) but have not yet come close to your state’s statute of limitations for filing a claim.
Within minutes of a traumatic event, such as a car accident, the body releases a wave of endorphins and adrenaline, triggering the fight-or-flight response and allowing you to get to safety by temporarily dismissing any pain.
It’s for this reason that you may not realize the extent of your injuries for days or even months after the accident. Delayed symptoms may include pain or numbness and tingling in the shoulders, arms, legs, neck, lower back, or abdomen.
A very common injury is delayed whiplash. It’s caused by the sudden jolt that occurs on impact. The symptoms associated with this injury may occur hours, days, or months after the accident. You may feel a stiff neck or shoulders that progressively get worse. A severe headache, dizziness, pain and stiffness, and depression can all be signs of delayed whiplash.
When they appear, you’re left wondering, “How long after a car accident can I claim injury?” In this article, we’ll provide the answer and steps to ensure you get adequate compensation.
Understanding the Statute of Limitations
How long after a car accident can you claim injury? This is determined by your state’s statute of limitations. This law requires you to file a personal injury claim within a specified time after the accident. Depending on the state, these time-frames range from one to six years. For instance, in Tennessee, you only have one year from the time of the injury to file a claim. In Maine, you have up to six years.
In some states, the clock starts ticking on the date of discovery. The discovery rule states that the period when you can take legal action is extended and begins when you realize you’re hurt.
For instance, if you live in Tennessee and get in a car accident on April 1 but don’t realize you’re injured until June 1, you have one year from June 1 to file a claim. While exceptions exist, it’s always best to take action as soon as possible to ensure fair compensation.
Exceptions to the Statute of Limitations
Some states have exceptions extending the statute of limitations (SOL) beyond the general filing deadline. The following represent some common scenarios. Again, make sure to check on your state’s regulations.
- The victim is a child. The SOL is paused until the minor reaches 18.
- The victim is incompetent or unfit to stand trial. The SOL is paused until the incompetency is lifted. For example, if the injured person is in a coma, the SOL does not begin until they regain their mental capacity.
- The defendant or accused left the state. The SOL is paused until the defendant returns.
- It is a wrongful death claim. In instances where the victim dies due to injuries sustained in the crash, some states measure the time from the date of the death and not the date of the accident. This exception gives survivors time to file a wrongful death claim.
The Impact of Delayed Injury Reporting
If no extenuating circumstances warrant an extension, your injury claim will be denied if you don’t file it before the statute of limitations expires. So, ultimately, how long you have to file a claim after an accident depends on where the accident happened.
In addition to time constraints, the evidence required to prove your injury may diminish. The skid marks fade, your body heals, and the witnesses are unable to recall the details of a crash that occurred a year or more ago.
It’s also essential to seek immediate medical attention following an accident, even if you don’t notice any significant symptoms. This demonstrates the clear link between any possible harm and the accident, ruling out preexisting conditions. Even when injuries are not immediately apparent, healthcare providers can perform range-of-motion and other orthopedic tests demonstrating possible damage to muscles, joints, or tissues. They will also offer advice on monitoring symptoms.
By substantiating your injuries with medical documentation, you increase your credibility. If you let too much time pass before seeing a doctor, the insurance adjuster will point this out and may suggest your injuries were minimal, at best.
Taking Action: Steps to File Your Injury Claim Timel
- Don’t file your claim too early or too late. You’ll need to file a claim with the at-fault driver’s insurance company. We’ve discussed the ramifications of filing your claim too late, but there are setbacks if you file it too early.
You want to file it after your injuries have stabilized and before the statute of limitations runs out. By filing it once your medical conditions improve, you can be fairly confident there will not be any additional medical costs falling through the cracks, leaving a settlement that does not cover all the bills.
- Gather the necessary documentation. You’ll need documentation that stipulates the injuries sustained in the crash and the cost of medical treatments. Doctors and hospital reports should detail the required information.
Obtain the police report proving who caused the accident. It’s also important to get statements from witnesses who can verify the cause and the exact occurrence. Photographs of the accident scene often speak louder than words.
Securing Your Right to Compensation
In the aftermath of a car accident, emotions can override common sense, leaving you without the necessary documents when it comes time to submit a claim. The steps you take, however, can mean the difference between securing fair compensation or finding your medical bills amount to more than your settlement.
Make sure you receive medical care following an accident and adhere to the timelines for submitting an insurance claim. Get your documents in order and be prepared to negotiate with the insurance agency to get a fair settlement.
If the whole process feels overwhelming, Boost My Settlement can direct you to local attorneys, all of whom offer free initial consultations and contingency arrangements. Whether tackling the process on your own or turning to professionals for guidance, we’re here to help you navigate the complexities of car accident injury claims and their deadlines.
