An accident takes a significant toll on your physical and mental health. In case you suffered from property damage, you must get it repaired as well. Getting back to ‘normal’ is a lengthy process. At the same time, you must also check the deadlines for filing personal injury claims. If you do not file your case within the stipulated time, you will not receive any compensation. Listed below are some of the major deadlines that can affect your claim.
Statute of Limitations
The statute of limitations is the most important deadline to keep in mind if you choose to file a personal injury claim. It refers to the maximum time you have to file a lawsuit after the accident.
While this deadline varies from state to state, in most US states it is around 2–3 years from the date of the accident. Experienced personal injury lawyers like Joe Zaid inform you about your state’s statute right from the initial consultation to ensure you do not miss the deadlines. Seeking prompt medical and legal assistance helps ensure you file your claims as soon as possible so as not to violate the statute of limitations.
Claims Against Government Entities
Despite your state’s statute of limitations, you must file your claim more promptly if it involves a government entity. Examples of such entities include public schools, city buses, municipal property, and government officials.
In such instances, many states require individuals to file a formal notice of claim within 1-3 months of the accident. Failing to meet this deadline permanently prevents you from seeking any compensation for the accident. The procedural and formatting guidelines for these notices are also stricter. Even small errors can lead to instant rejection of your claim.
Working with a personal injury attorney is essential if you want to file a claim against a government entity. They can reduce your mental burden by taking care of the quick turnaround times and strict notice guidelines.
Medical Malpractice Filing Deadlines
Medical malpractice cases also have their filing deadlines. While many states extend the usual statute of limitations for such cases, some states apply a ‘discovery rule.’ This means that the deadline for filing the case starts when the injury is discovered, or should have been discovered, and not when the medical error took place. For example, if you notice a surgical error several months after the procedure, your filing deadline begins at the moment of the discovery. This allows patients ample time to receive compensation, as many medical procedures and medications have serious side effects that surface after days, weeks, or even months.
Medical malpractice cases also need pre-suit notices. You might also require expert affidavits or review panel submissions before filing your claims. These timeframes are strict and can further complicate the process. Once again, this is a scenario where a personal injury lawyer can be of utmost help.
Filing for Workers’ Compensation
If you get injured at work, you might be eligible for workers’ compensation, a law that also imposes strict deadlines. In many states, injured employees must notify their employer about their claim within a month after the accident. Additionally, you need to file a formal claim for workers’ compensation benefits within the timeframe mandated by your state judiciary. If you miss any of the deadlines, your benefits (including medical coverage and compensation for missed wages) can be denied.
Insurance Claim Deadlines
Court deadlines are not the same as the ones imposed by insurance companies. Almost every insurance policy requires claims to be filed within a quick timeframe, sometimes within days. Failing to inform your insurer within this period can jeopardize your claim or entirely prevent you from seeking compensation. If you miss this deadline, insurers can try to deny your claim as well. To avoid such obstacles, review your insurance terms closely right after you sign up for one. Do not wait for an accident to check the plan’s terms and conditions. According to the National Association of Insurance Commissioners, understanding your policy’s claim-filing process and deadlines is essential to protecting your rights. Staying informed can save you a lot of time after the accident, when you are already navigating other challenges.
Evidence Preservation Deadlines
Witness memories fade, surveillance footage can be deleted after a fixed number of days, and physical evidence can be repaired or discarded. This highlights how time-sensitive preserving evidence is. In spite of that, the procedure is often not included in official statutes. You must act early to preserve and gather evidence to strengthen your claim, which you can achieve by sending a preservation letter as early as possible.
Final Thoughts
Deadlines are one of the most important aspects of filing a personal injury claim. Based on the nature of your accident and the parties involved, you might have to follow one or more strict deadlines. Missing any of these can deprive you of well-deserved compensation.
