The Time To File a Personal Injury Claim

When dealing with a personal injury claim, there is no immediate urgency in filing a suit. People often underestimate the time they have, believing they only have days or months if they want their lawsuit to be legitimate. However, in reality, most states provide, on average, two years from the date of the accident, as a personal injury lawyer, can explain.

Now, that does not mean that every state awards the same amount of time, or that every at-fault party is created equal. You will still need to assess the circumstances of the incident and state laws to determine the actual time frame you have.


Incidents Involving Government Entities


A significant exception to the two-year statute is when a government entity is an at-fault party. For example, if an injury occurs while riding public transportation, then your time frame to file a suit reduces. Depending on state laws, you may only have a few months to sue.



Age of the Injured Party



One of the most significant factors playing a role in the lawsuit timeframe is the age of the victim. If the individual is a minor, then they have more time to sue. The statute of limitations does not typically begin until the person turns 18. Therefore, if a child is injured at the age of 14, then they will have four years plus the statute, which should come out to six years, depending on your state.



Condition of the Victim



Exceptions for the time frame may exist for specific injuries. For example, if the victim is incapacitated after the accident because of a coma or other trauma, then a court may extend the timeline. If the legal system does not permit an extension, a judge may allow a family member of the accident victim to sue on their behalf. However, the process is often daunting and requires the assistance of an attorney.



Hiring a lawyer is often the best course of action for any injured person. The complexity of the legal process is challenging to navigate without pre-existing knowledge, and an accident victim may hurt their claim if mistakes are made during the filing process.



The time you have to file differs based on your location, but on average, an accident victim has two years to sue. However, because of the multitude of circumstances that may affect the timeframe, it is often best to hire a lawyer to determine the specifics of your situation. Contact a local personal injury attorney for help.