After How Long Do You Have to File a Personal Injury Claim?

Personal injury claims are known to be the right of people to file a claim when they suffer from a personal injury that causes them damages that have to be recovered. Personal injuries also consist of a number of incidents that can differ from simple slips and falls to serious car accidents. It also includes medical malpractices and workplace injuries that impact people. 

The major purpose behind the personal injury claim is to get the parties that have been affected with compensation that is enough to fulfill their damages and injuries. 

A car accident attorney says that there is always a time constraint when it comes to filing a claim in the case of personal injuries. Let’s understand that more. 

Statute of Limitation

When it comes to personal injuries, there is a concept of timelessness that must be understood by every driver and every other person who travels on the road. 

So, according to the law of statute of limitation, this is the timeframe in which, after an accident, the legal proceedings can be initiated. Also, when the statute of limitations expires, it means that the party that is injured is no longer able to file a claim for the damages they have suffered.  

The time frame of the statute of limitation can be different. This can differ depending on the jurisdiction you are staying in.  The type of personal injury also plays a very important role here.

So, sticking to the statute of limitations means that a person is practicing their legal rights. In order to get the needed justice, it is very important for the injured party to plead their case in the given period. 

Results of Missing Deadlines

There can be some serious legal consequences if one fails to follow the deadline of the statute of limitation. So, the outcome does get affected if the claim is not filed in time.  

As a result, once the time limit for filing a claim has passed, injury parties are often prevented and stopped from taking their case to court. That’s a strict rule, and once the time limit is finished, courts have no choice as to whether it should be extended further. 

Also, if a claim is filed after the time of filing has passed, it must be known that the defendants can use this opportunity to use it against you. They can make you aware of your compensation and say that your case must be dismissed because of this expiration of the statute of limitation.

Having overlooked the deadline, even outside court proceedings, has a serious impact on the injured party’s status. There is little motivation for the at-fault parties or their insurance schemes to accept a settlement if they do not have the option of taking legal action. 

The Lost Rights  

There are a number of rights that are lost by the injured party once they pass the expiration date of the statute of limitation. But there are numerous losses that the expiration of the statute of limitation brings with it; these can be: 

• So, when a claim is filed after a long time when the date of expiration has passed, the injured party will have to bear the costs of the injury all alone. They must also know that there is no possibility of recovery through a legal claim. 

• The party that is injured loses the right to get compensation for the injuries that they have endured, including the medical expenses, the pain and suffering, and the lost wages.     

• There is no other way of recovering the damages by filing a claim through another route once the statute of limitation has passed. Once it expires, there is no going back.

• There are, however, some of the exceptions that are allowed in some rare cases. In cases where there are minors involved or in cases where there is the discovery of harm after a long delay,  the statute of limitation can be very specific. 

• The long-term financial impacts of the injuries can be very difficult to compensate for once the date passes. So, it is very difficult to claim for the damages that once would have been way easier.  

Conclusion

In conclusion, it must be noted that there is always a time limit when it comes to filing claims for the damages that one party has suffered. There are some statutes of limitations that one needs to follow and other times, it depends on a number of other factors that decide the length of time in which a legal proceeding can be done. So, it must be known to each party that it is best to act instantly after an injury, as this is part of the legal process in order to get the needed compensation for the losses you have borne.