When you are in a car accident, one of the key factors to consider is the statute of limitations. The statute of limitations refers to the time frame within which you can file a lawsuit to seek compensation for your injuries and damages. It is essential to understand this legal concept as it can significantly impact your ability to pursue a car accident claim.
Policy issues are always at play regardless of the type of lawsuit you are in. Even though you may have suffered an injury by someone else’s actions, the law is never entirely in your favor. The potential defendant also has rights and protections under the law. You cannot hold them liable for your accident injuries until you prove they were negligent. You must file a claim or lawsuit containing that evidence to have the legal right to financial compensation.
Your period to seek financial compensation comes with some constraints. One of those limitations is the time you have to file a lawsuit. The statute of limitations imposes a hard deadline for you to take legal action against the other driver and is just one of many issues you must understand in the legal process.
You can become more knowledgeable about the rules you must follow and what you may face in the legal process by hiring a San Antonio car accident lawyer to represent you in your case. Legal help is one phone call away and will never cost you money. Not only is the initial consultation with a car accident lawyer free, but you never owe them anything for the work they put into your case unless you receive a settlement check or win your case in court. The only significant risk you can take regarding getting legal help is waiting too long to contact a car accident attorney or not hiring one.
An experienced car accident attorney can guide you through the legal process, ensure you have all the required documents and evidence, and help you meet the filing deadline. Your lawyer can also handle all interactions with the insurance company and ensure it does not take advantage of you. Retaining an attorney can protect your rights and increase your chances of obtaining fair compensation for your injuries and damages.
The Statute of Limitations Is a Time Limit on Your Legal Rights
You often see advertisements for car accident lawyers telling you to act quickly to seek compensation so you do not miss the statute of limitations. However, you may not know the legal concept that is at play in these cases. You must understand the statute of limitations and when it runs out to avoid losing the right to seek compensation entirely. Missing this deadline will be fatal for your case unless there is one of the very few limited exceptions that apply (which is rare).
The statute of limitations is the deadline for filing a claim or lawsuit for your injuries. When you have suffered an injury in a car accident, you have a legal right to full compensation when you can prove that the other driver was negligent. Their actions will give them a legal obligation to pay you, but only if you have begun seeking compensation by a specific time.
The Statute of Limitations May Differ in Each State
Each state has its statute of limitations for a car accident case. The statute of limitations is the number of years that you have to file a lawsuit (and, by extension, an insurance claim for your injuries). The deadline that you are facing varies by state.
Even though state laws differ, one concept is the same in every jurisdiction. If you miss the statute of limitations, you entirely forfeit the right to seek compensation for your injuries. Functionally, it is as if your legal rights go away entirely the day after the statute of limitations expires if you have not initiated the lawsuit process by then. You no longer have the right to sue because you have no legal right to compensation after a specific time.
If You Miss the Statute of Limitations, You Lose the Right to Sue
The statute of limitations is a stringent and unforgiving deadline, and there is usually no leeway whatsoever, no matter how long after the time limit has expired. Even if you filed a lawsuit a single day afterward, the result is still the same; you will not have any eligibility for financial compensation.
The statute of limitations comes into play right after you file your lawsuit. The defendant (who has representation from the insurance company’s attorney) will file their answer to your claim. They may plead an affirmative defense that the statute of limitations has expired. The judge may even raise the issue on their own accord because they cannot hear a case where you no longer have any legal right to compensation. Before your case can proceed any further, you must address the issue of the statute of limitations, persuading the judge that you either did not miss the deadline or that one of the limited exceptions applies. If you are trying to seek an exception, there is a high burden of proof that you must meet. You should never rely on the court to apply exceptions because they only occur in minimal circumstances.
If the judge finds that you have missed the statute of limitations, it is the end of the road for your legal case. You will not have the right to any hearing on the merits because you no longer have the right to seek compensation. You can only revive your case if you file an appeal of the trial court judge’s decision and the appeals court determines that you did not miss the deadline. You will not likely win an appeal because, in most cases, “late is late.” Even if you successfully appeal, the case will return to the trial court for the proceedings on the merits to begin.
You May Not Know That You Have Suffered an Injury at First
Car accident cases present particular issues as far as the statute of limitations is concerned. It is not uncommon for you to begin to feel symptoms of your injuries in the days after the accident. For example, if you have suffered whiplash in a rear-end car accident, you may not know that you have suffered an injury at first. It may take days, or even weeks, to begin to feel some of the symptoms associated with whiplash, such as neck pain or limb weakness. Thus, you can argue that you did not realize you suffered an injury at the time of an accident if the statute of limitations impacts your case.
Here, the question is when the statute of limitations will begin to run. Nearly every state applies a form of the discovery rule, and your timeframe to file a lawsuit begins to run when you knew or should have known that you suffered an injury. That may not always be the date that you had your car accident.
However, the operative phrase is “when you should have known” that you suffered an injury. That may be the first date that you began to feel pain, as opposed to the time that the doctor initially diagnosed you with the injury. The assumption is that you should have taken action as soon as you began to feel symptoms instead of waiting some time before you made an appointment to see the doctor. The law assumes that you will deal with your health as soon as you know you may have suffered an injury. Therefore, if the statute of limitations is an issue, there may be factual inquiries into the first time when you should have known that you suffered car accident injuries.
You Should Still Contact a Car Accident Lawyer Early in Your Case
There should be no reason to wait until close to the point when the statute of limitations expires to contact a car accident attorney. Sometimes, you file a lawsuit right before the deadline, but that is when you have already made an effort to settle your claim with the insurance company and cannot reach an agreement. Insurance companies may wait too long to respond to your initial claim, dragging the process. At that point, you will have no other option but to take your case to court because you must file a lawsuit before losing the chance.
Waiting too long to contact a car accident lawyer will complicate your claim or lawsuit. First, your car accident attorney will likely no longer have access to the evidence available in the early days after your accident. Thus, you will struggle to prove that the other driver was negligent and may not have the right to financial compensation. If you do not carry your burden of proof, you cannot recover any money.
Second, your car accident lawyer needs time to deal with the insurance company. Insurance companies are rarely going to respond to your initial claim immediately. They may take weeks, or even months, to give you an answer about whether they will accept liability. If yes, the insurance company may offer you a low settlement offer, which will begin a longer negotiation process. This is a time-honored process; unfortunately, it is how insurance claims work.
Reaching an agreement with the insurance company may take over a year. Your car accident attorney may think it makes sense to devote some time to exploring a settlement with the insurance company before you file a lawsuit.
A Car Accident Lawyer Can Help Relieve Some of Your Stress
When you contact a car accident attorney and hire them for your case, you will no longer have the stress of trying to keep track of the statute of limitations. Your lawyer will enter the statute of limitations timeline in the calendar and pay close attention to it. Everything they do going forward will depend on this date because it is your deadline to file a lawsuit.
One important reason to hire a lawyer for the statute of limitations is that they are well-versed in your jurisdiction's specific laws and regulations. The statute of limitations can vary from state to state, so it is important to understand the particular period that applies to your case. An attorney can explain these laws and ensure you file your claim within the allowable timeframe.
Additionally, a lawyer can help you gather the necessary evidence to support your claim. This documentation may include obtaining police reports, medical records, and witness statements. Using their resources, attorneys can build a strong case on your behalf, increasing your chances of a successful outcome.
Your car accident lawyer will fight for you to receive every dollar that you deserve in compensation. The insurance company is going to push back, either denying your claim entirely or trying to offer you less money than you deserve. Your car accident attorney may take legal action on your behalf, potentially filing a lawsuit if necessary. Before that point, your San Antonio personal injury attorney can negotiate intensively with the insurance company against potential litigation. Under this fire, the insurance company may raise their settlement offer, and you may get more money.
Furthermore, having a lawyer on your side provides peace of mind. Dealing with the aftermath of a car accident is stressful, especially if you are facing injuries, medical bills, and emotional trauma. By entrusting your case to a lawyer, you can focus on your recovery while they handle the legal process and advocate for your best interests.
The statute of limitations in a car accident claim is a vital aspect that you must pay close attention to. Hiring a lawyer with experience in personal injury cases is essential to ensure that you file your claim correctly, and they will also work to protect your rights. By having a knowledgeable attorney by your side, the legal process will be handled and it will increase your chances of receiving fair compensation for your injuries and damages.
