An accident can happen at any time. And the results can be a few days, a couple of years, even a lifetime. It’s natural that people want to file a claim after an accident. There are a lot of material and emotional damages in the wake of it. But, is there a time limit for filing a claim after an accident?
If you plan on filing a claim after an accident, you should keep in mind that the process is very regulated. You have to adhere to the rules in order to successfully get the compensation you deserve. If you want to know more, read on…
Photo, Matt Chesin.
1. What Is The Statute Of Limitations?
Time limits are called the statute of limitations, and it is imposed in order to prevent people from filing a claim for an accident that has already happened too long ago. For example, the car accident statute of limitations in Florida is four years since the date of the crash. It can vary, though, from state to state.
So, whenever you plan on filing a claim after an accident, knowing how much time you have to do so should be your priority. And remember there are very different rules throughout the country. The reason why it exists is for a number of reasons. Firstly, people can get compensated for what they’ve been through. Also, providing the liable party with the ability to move on with their lives.
As hard as it is for the injured person, and it is hard, there’s no denying that, the person responsible for the accident will most likely have a lot to deal with as well. At least on an emotional level. By making it so that you can’t hold the accident over them for the rest of their life, the law is providing both sides with the opportunities to heal and move on in a healthy and reasonable way.
Photo, Cytonn Photography.
2. Location
In the USA, the location of where the accident happened is a big factor when it comes to determining how much time you have before filing a claim after an accident becomes impossible. Since federal law doesn’t have a specific time limit for accidents, it is usually up to each state to determine how much time people have before it becomes impossible to file a claim.
The statute of limitations could be anywhere from one year to four years, depending on the state. A good idea would be to check your local state laws. This will help you to determine how much time you have before it is impossible to file a claim after an accident.
Photo, Ben Rosett.
3. What Does Not Being Aware Of The Statute Of Limitations Entail?
It’s vitally important to know the answer to our question; is there a time limit for filing a claim after an accident. If you file your claim after an accident? That’s because if you have missed the statute of limitations, then it doesn’t become valid. There’s nothing that can be done about it. The court won’t hear your case, which means that you won’t get any compensation whatsoever.
If you are aware of the statute of limitations, then take advantage of it. Be sure to get in touch with a lawyer who can help you file your claim after an accident properly. Also that it’s on time so that you don’t have to worry about making mistakes or taking too long with the process.
As you can probably imagine, a lot of people find this heartbreaking. Especially if there were a good reason why they didn’t file a claim in a timely manner. However, since the statute of limitations is usually long enough for most people to at least get well enough to consider whether they want to file a claim or not, and what that entails, most courts will dismiss the cases where the claimant had more than enough time to file it.
Photo, Anthony Tran.
4. Extenuating Circumstances
What a regular person considers a good reason, and what the law recognises as a good reason to not do something in a timely manner aren’t always the same things. For example, you might think that dealing with mental issues after an accident would be a good reason to not file your claim in time. But for the court that isn’t necessarily enough of one.
However, if you did get in touch with a lawyer and did everything else right, then the statute of limitations will stand no matter how much time has passed since the date of the accident until you filed.
If you were in a coma, or if you were a minor while the statute of limitations passed, then you would most likely still be able to file a claim. Even if it’s been more than three, four, or five years. The law is well aware that accidents happen quite often, and that the state of mental health for some individuals might result in them not being able to deal with these situations effectively. For this reason, the law provides for some leeway when it comes to these things.
In cases where the time limit has clearly passed, though, the judge has to consider the implications of going through with the case. It’s important for the public in general, as well as individuals to have faith in the law. One of the ways to make sure that happens is to make the rules as clear as possible and to try and not favour one party or another. Since the verdict could be (financially) harsh for the responsible party, the court might feel like a strict approach to the injured party is called for too.
Final Thoughts
If the accident you were in caused you physical or emotional pain, especially if it affected you in a financial way and changed your quality of life quality, it’s always a good idea to talk to someone about filing a claim after an accident. If you’re having to ask ” is there a time limit for filing a claim after an accident?” then you’re already unsure. Speak to someone who will be able to help you file your claim on time. And also make sure that it is done properly and without any errors. Doing this can provide a lot of help since it will ensure that you get proper compensation for what you’ve been through.
Hopefully, this brief look into time limitations on claims has helped. Have you found yourself in the unfortunate position of having to make a claim? Then please consider the information in this article. Most importantly, contact a lawyer who can help as soon as possible. It’s critical in ensuring you get what you deserve.
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