How soon should I file a Personal Injury Lawsuit?

When you are injured at the hands of someone who was negligent, you will have a lot on your mind – Medical issues, work issues and family issues. On top of everything else, you have to worry as to when you should file your personal injury lawsuit. The best answer is to speak to an attorney as soon as possible, so that the statute of limitations does not run out on your claim. You may be wondering when the best time to file your lawsuit is, which, in all honesty, is as soon as possible.

Here’s why:

The Earlier You File, The Earlier You Know What To Expect

How do you know whether to file a lawsuit or a claim? A personal injury claim is the injured party’s way of obtaining compensation for from at-fault insurance company. Those who obtain compensation rarely do so because they are bored; they do so because they absolutely positively need the money that the lawsuit should pay out. Unfortunately, the simple fact that you are injured is not enough to result in compensation, there are other factors for which you will not know whether you qualify until after you file a claim.

A personal injury lawsuit is filed with the courts. This occurs when negotiations do not work, and the next step needs to be taken. Some insurance policies only allow a very limited amount of money to be paid, with the minimum usually being around $15,000.00. If your injuries cost $100,000 in medical expenses, you’ll want to know as soon as possible what the maximum amount of the insurance policy available is, information you likely will not receive until a claim is filed.

The Orange County motorcycle lawyers at Timothy J. Ryan & Associates published an article with the Orange County Trial Lawyers Association detailing a situation in which their client waited until three weeks before their statute of limitations expired to contact their firm and pursue damages. When the responsible insurance company received the claim, they politely informed the plaintiff and her firm that she had the date of the accident wrong, and that her time to file a claim had already expired.

Your Medical Insurance Won’t Pay Your Bills Forever

Even if you are receiving medical treatment for your injuries, you can still file your lawsuit. There is a time limit, called a statute of limitations, on many different types of personal injury claims. Even if you are not sure as to whether or not you want to file a lawsuit, the best option is to speak to an attorney about your options, especially since there is the time limit. The statute of limitations may vary depending on the type of case you have, and on the state you are in.

Many victims fail to pursue damages after a collision believing that their insurance company is going to pay all of the damages that they have sustained. While this is true in some cases, others are not so lucky. There may be a cap that restricts you from continuing to receive medical attention, not to mention the out of pocket expenses you will be likely forced to pay at some point in your lifetime.

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