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When is it appropriate to file a personal injury lawsuit?

April 23, 2021 10:08 am Published by Leave your thoughts

Experiencing a personal injury can be a traumatic experience. When someone is hurt due to someone else’s negligence, the survivor has the right to file a personal injury claim to recover damages. Depending on the circumstances, this phase will take months or even years. Your lawyers will walk you through the process and make sure you have the best chance of getting complete and equal compensation. The sooner you contact a lawyer, the higher your chances of recovering all of your losses. Let’s take a look at why timing is so essential when filing a personal injury case.

Deciding the Right Time to File a Personal Injury Claim:

In every personal injury case, timing is important. You have a certain period of time to file a case in each state. Statutes of limitations are the legal terms for these laws. The essence of an event is one of the most important factors impacting a personal injury timeline. 

Some lawsuits, such as traffic accidents, take less time to resolve than others, like medical malpractice claims. This means that a lawyer can need more time to file a solid medical malpractice lawsuit, so the sooner you startup, the better.

Your injuries can also play a role in determining when to file. If you suffered a serious injury and expect it to take a long time to heal, it will take longer to settle your lawsuit. This is because your attorney would need details about your maximum medical recovery and your potential future medical bills.

Recognizing When to Contact a Personal Injury Attorney:

After an accident, many accident victims are hesitant to seek legal assistance. If you were in a small accident with another vehicle and were not injured, you will likely be able to handle the situation on your own. You should be able to negotiate with the insurance provider on your own to get the car fixed. However, if you have been  hurt, or if the other party’s insurance policy is disputing your claim, you should seek legal advice. You must be aware of your legal options in order to make well-informed decisions.

When You’re Dealing With Permanent Disabilities:

If your injuries are severe enough to affect your ability to work and enjoy life, you should absolutely contact a personal injury lawyer.

When you face permanent disability as a result of someone else’s irresponsible or incompetent conduct, any compensation you receive should account for future medical care and lost future earnings.

When medical suppliers or defective products caused injuries:

If the injuries were caused by medical malpractice or an unsafe or faulty product, you should expect to face a team of lawyers who will vigorously defend their client and their acts. 

They’re unlikely to admit the truth, leaving you with unanswered questions. They’ll almost certainly try to discredit you and prevent you from accessing crucial details about your case, all while using legal means to keep your lawsuit from being settled for months or even years after your injuries occurred.

It is necessary in such a case to have legal counsel to vigorously protect your rights in these types of circumstances.

Statutes of Limitations:

Every states has its own statute of limitations rules, which can vary dramatically depending on the type of case. It’s important to figure out the statute of limitations  that apply to your claim. If you continue to file a lawsuit after the deadline has expired, the court will almost certainly reject your case, and you will be ineligible for compensation.

Exceptions to the Statute of Limitations Deadline:

It’s also essential to remember that many states have introduced a discovery law exception. In cases where the injured victim did not suspect or had no fair basis to know they were injured, or the at-fault party’s conduct caused their injury, this provision extends the filing deadline.

You can consult with an attorney to decide how long you have to file a lawsuit. They will assist you in finding out how much time you have based on their legal experience, so you don’t jeopardize your chances of receiving compensation.

When an applicant is under 18, the statute of limitations does not begin before the plaintiff reaches legal age. 

Maximum Medical Improvement and Settlement:

You must determine whether you have achieved “maximum medical improvement,” or MMI, before accepting any compensation offer from the offender or an insurance adjuster.

MMI indicates that you are as safe as you would be after your injuries. Alternatively, you and your lawyers will assess your costs in terms of potential medical expenses and the financial consequences of your injuries.

Have you found yourself in a situation where you think a personal injury lawsuit is necessary? Contact our Concord personal injury lawyers for help with questions and an understanding of whether you have legal recourse or not.

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This post was written by Cohen and Winters

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