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Hurt in a Car Accident? You Don’t Have Much Time to Wait - Anderson Leblanc - Upland Attorney

Hurt in a Car Accident? You Don’t Have Much Time to Wait


Story By

Car accidents are usually mild to severe in property damage and injuries to those involved. When an individual has been hurt in a car accident, it is important to seek medical assistance first and then legal representation so that the victim may know what to do next.

Many injuries sustained have a short life before they must be filed for a claim against an individual or entity. It is this time restriction that causes many cases to fail before they have enough evidence to proceed to the next stage. While much of this information is available through various sources, a lawyer understands how this applies to the particular case of the injured person.

Many harmed in the process of an accident tend to take a certain amount of time to recover and then understand how the injuries may require compensation. The financial assistance is often necessary when medical insurance is exhausted and there are no other funds to pay the bills. The person or entity that caused or is responsible for the incident may be punished through law enforcement, but usually, only a civil suit may provide compensatory payouts to the victim injured in the process. While evidence is necessary, loved ones may gather this while the individual in the hospital recovers however he or she may as best as possible under the circumstances.

What Determines a Valid Claim?

Because injuries tend to take time to be discovered or may only reveal themselves after so many days or weeks, a claim may be the furthest from the mind of the victim. However, there is only so much time permitted based on the state the accident occurred in that a claim may be filed. To understand if a case is valid, there are many factors that must be considered. One particular piece of evidence is the documentation for the injuries and medical treatment. Medications, procedures, surgery and other processes must be documented and recorded for use as evidence of the severity of the harm that occurred to the person recovering.

While the injured person is still obtaining medical treatment, he or she may file a claim. While many may feel it necessary to wait until the person has a clearer picture of what happened, it is important to start as soon as possible so that insurance claims, personal injury suits and other cases may be processed within the time constraints issued by each state. Other deadlines may cause issues with claims, and if the matter is started soon after the accident, these deadlines may be complied with so fewer complications arise. However, a clear understanding must be applied to a resolution. This means the victim of the incident must know how much and what damages should be received based on involved factors of the financial burden these events cause.

Time Limits for Filing a Court Case

Lawsuits have a shelf life of only so much no matter in which state the incident occurred. These laws are the statutes of limitations, and they affect whether a case may move forward depending on if it has been filed within these restricted time frames. While the time permitted is different based on the state, the type of injury also alters the amount of time allocated to the victim to file a case. These limits should be respected and understood, even if the initial stage of the claim deals with an insurance company or settlement. If the negotiation fails with this agency, a claim may be the next step. However, if the statute of limitations has passed, the case may not proceed without an exception.

Settlement and Legal Assistance with Time Restrictions

There are many instances where the insurance company that provides the settlement offers have only initiated contact with a low amount that is not even half of what should be considered fair. Before any settlement is accepted, all factors should be determined worth a certain amount and what may be offered should be calculated. It is important to contact a lawyer to go through these numbers and all elements of the incident. This ensures that all medical expenses, lost income, pain and suffering and other issues are involved.

To fully understand and know what time limits affect the case and state the injury occurred in, a lawyer should be contacted. This legal professional protects the rights of his or her clients and may contact for exceptions that may extend these restrictions to filing a case.

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Story By was one of the very first online law and government information sites. It was founded in January of 1995 by Lex Mundi, a large network of independent law firms. The objective of is to make law, government and related professional information easily and freely accessible to the legal profession, businesses, and consumers.


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