When to File a Car Accident Claim

Filing a Claim for a Car Accident

When you are in an auto accident, you may not know the extent of your injuries right away. It could be days, weeks or even months before you understand the full extent of your injuries. It can be difficult to assess how much damage is done and how it will affect the rest of your life. Some injuries require ongoing medical care for the rest of your life.

If you consider filing a car accident claim, how do you know the right time to do it?

What Are the Time Limits?

Every state has its own time limits on when you can file a lawsuit with the court. This is the statute of limitations. After a car accident, you can talk to a car accident lawyer about the statute of limitations. You want to do this early in order to not miss the deadline and have your case thrown out. Most states allow you one year to four years to file a claim.

At first, you will be dealing with your insurance company’s statute of limitations. This refers to how long you have before you can no longer file an insurance claim. When it comes to filing a lawsuit, you are subject to the state’s laws.

What Is Your MMI?

Your MMI is your maximum medical improvement. Before you file a lawsuit, you may discover whether you are as healthy as you will ever be or if you will need future medical care. When you need future medical care, you will have to figure those costs into the estimation of the settlement. This will help you decide how to handle negotiations.

When Was Your Injury?

If you are still receiving medical care for your injury, then you should consider filing a claim as soon as possible. When you file a lawsuit, it begins the process. Since there will be a deadline, it is better to forget how long you have to wait and instead file it as soon as possible. If your injury occurred within the last few months, you can still file a lawsuit against the negligent individual in most states.

If you are unsure whether you should file a personal injury claim after a car accident, you should discuss your options with a car accident lawyer. He or she can give you a detailed idea of the procedure. The lawyer can also help you begin the process and assist you in receiving the best possible settlement.


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