Most people don’t understand how quickly the time clock starts running after an accident. There’s an expectation that there’s plenty of time to sort things out, recover, and deal with the legal aspects when life settles down. Unfortunately, that’s not the case, and in reality, many people lose their opportunities to file claims far more often than you’d think—by waiting too long.
Every state has a statute of limitations on personal injury claims, which is a deadline—a hard line—when someone can or cannot take action after sustaining injury. Fail to file your claim before that time frame ends and the case is over. Courts will not hear the case whether it’s legitimate or there’s severe injury. While the time frame varies based on the location of the accident and the type of case, it ranges between one to four years from the moment of injury.
A Problem People Often Don’t Realize
Unfortunately, time moves differently for someone healing from an injury. Those first weeks or months are filled with doctor visits, physical therapy, follow-up procedures, calls with insurance adjustments, and attempts to return to normalcy. People hardly have time to breathe before they’re six months in. Then a year. And then far beyond.
By the time someone considers pursuing legal recourse, they may find themselves nearly up against the statute of limitations and with little time left. A complicated case—one that may need reviewing, expert witness evaluation, or extensive documentation—becomes at-risk for running out of time. The time it takes to build a good case places an applicant at a disadvantage to start.
When Does It Start?
Typically, the statute of limitations begins on the date of the accident/injury. Fairly cut-and-dry. But sometimes injuries don’t reveal themselves immediately. Someone could walk away from a car accident without aches and pains—only to find themselves several weeks later with major back or neck issues or chronic headaches. Working with a qualified Car Accident Attorney allows people to cover all their bases and ensure that possible injuries are properly evaluated so that timely expectations aren’t lost.
There are some exceptions as to when a clock starts ticking. Some states have a “discovery rule” for those who do not discover their injury right away; this means that the countdown starts from when the injury was discovered or should have been reasonably discovered. But proving when someone should have known about an injury can invite its own legal opposition, which shouldn’t be relied upon.
For minor cases, rules often differ; the statute may not even begin until a child is 18 years old and able to pursue claims on its own as an adult. However, this can vary from state to state, and parents shouldn’t assume that they have all the time in the world to help a minor with an injury claim.
Consequences of Missing Deadlines
Once this statute expires on the other side’s motion to dismiss for statute of limitations purposes, the court will grant it almost automatically. It doesn’t matter if a case would be worth millions or if evidence is overwhelmingly credible; it’s cut and dry.
Insurance agencies know this information, too; they’re well aware of time restrictions on claims based on where people might be headed. As such, they adjust their settlements. If they know someone is nearing the statute of limitations, they’ll offer less money because they know they have leverage over the victim; thus, the closer someone approaches expiration, fewer options will be available.
Why It’s Better to Start Sooner Rather Than Later
In addition to avoiding needless expiration of time limits, practical reasons substantiate stronger cases when things are pursued sooner rather than later. Memory fades; witnesses move away and can’t be interviewed; physical evidence vanishes—cars get repaired, crash sites dissipate over time and into different seasons (new construction projects start), and surveillance footage gets taped over.
Medical records are fresher and more definitive when medical attention is sought right away and via consistent appointments for follow-ups. Gaps in treatment do not benefit a case since insurance companies can argue that if someone didn’t bother to seek medical attention again, the injuries weren’t that severe. Starting a claim right away helps substantiate all efforts taken regarding medical care and time as it relates to an accident to get everything properly aligned in favor of the claimant.
The Logical Harsh Reality
Some victims don’t want to hire a lawyer because they’re still hopeful things will work themselves out—insurance offers fair prices, injuries heal quickly enough where none of this may be necessary in the end. While that optimism is commendable—and expensive—it doesn’t matter because getting a lawyer isn’t tantamount to becoming one of those people who sues everyone; it’s merely making sure the person knows what’s going on, what’s possible down the road, and ensuring no rights are forfeited through inaction.
Plus, most personal injury attorneys offer free consultations anyway; there’s no harm in figuring out what one’s options may be.
The bottom line is simple: time limits are not suggestions or guidelines when it comes to injury cases but instead concrete legal deadlines that succeed or fail cases without consideration given for their merits. Knowing they exist and taking action before they’re an issue is one of the most important steps someone can take post-accident.
