Don't Miss Out On Filing Your Personal Injury Case

Law Blog

When a careless driver causes you to be in a wreck and get hurt, you may deserve some monetary compensation. As with all things legal, there are rules that must be followed. While you might be able to leave most legal details to your personal injury lawyer, the time limit on filing a case deserves your attention. If you don't pay attention to the statute of limitations, you may never see the compensation you deserve. Read on and find out more about this important aspect of your injury case.

  1. Time is of the essence — You've heard this phrase before, and it's never been more true. Waiting too long to file your personal injury case could result in your case being dismissed or thrown out of court. That means that no matter how careless the other driver was or how much your life has been impacted by their actions, you may never see the money you deserve.
  2. You must file in the right location — Most people get hurt driving in their local area, but some get hurt while out of town. The main thing to keep in mind about taking legal action against another driver is that you have to do so in the same state where the accident took place. If you live in California but the accident happened in Nevada, you must file your case in Nevada.
  3. It's important to not only properly identify the appropriate state to file your case and seek legal help in, but victims also must realize that the statute of limitations varies from state to state. The statute identifies how long you have to take action in various personal injury matters, from auto accidents to malpractice claims. Be sure you understand what the statute of limitations is for auto accidents in the state where the accident occurred — that is the rule you must follow.
  4. The statute of limitations is not just helpful for the defendants. In many cases, powerful lobbying groups have managed to get barriers in place to prevent victims from taking action against entities like doctors and big business interests. For example, in some states, victims must participate in mediation before they can file a lawsuit in certain cases. The statute of limitations may seem like just another barrier victims have to navigate but it helps both sides in a lawsuit. Evidence is best gathered early when it's fresh and reliable. Witness statements carry more weight and recollections are more accurate if done soon after the accident.

Don't take the chance that your lawsuit will be invalidated by the statute of limitations. Since there are a few rare exceptions to the rule, talk to a car accident lawyer no matter how long ago the accident happened and find out about your chances of monetary recovery.


5 October 2020

How to Gain Guardianship Over a Child

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