How Long Do I Have To File A Personal Injury Claim?

Table of Contents

  1. When Should You File an Injury Claim?
  2. Statute of Limitations
  3. Can I Get an Extension on the Statute of Limitations?
  4. Maximum Medical Improvement and Settlement
  5. When To Contact A Personal Injury Attorney

If you were injured by no fault of your own, no matter what the reason, you might consider making a claim for personal injury compensation. 

Whether you were injured as a result of a road traffic accident, an accident at work, or a slip, trip, or fall, you may be entitled to financial compensation. 

If you can prove that the accident occurred due to somebody else’s negligence, then you are likely to be able to pursue a successful claim for compensation.

But, after an accident that causes an injury, time needs to pass before you understand the nature and severity of your injuries. 

Even minor injuries and pain can linger for weeks or months after an accident before you can evaluate the impact on your life. 

Serious injuries require medical treatment that may be ongoing with no clear end in sight.

If you’re making a legal claim for your injuries, how do you know how much compensation to demand if you’re still in the healing process? 

Should you prepare your insurance claim or injury lawsuit now, or wait?

You do need time to evaluate your injuries, but in every state, there are stringent time limits for pursuing personal injury claims.

There is little or nothing you can do if you fail to act in time.

In the article below, we will talk about how much time you have to file a personal injury claim after your accident.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.


When Should You File an Injury Claim? 

If you’re still receiving medical treatment for your injuries, you don’t have to wait to file a claim.

It’s a good idea to get the process started as soon as possible, no matter if it’s an insurance claim or a personal injury lawsuit.

You should get started right away because you’ll eventually run into a filing deadline when it comes to a lawsuit.

If you’re going to take the matter to court, you need to comply with that deadline. 

Getting the case started early is beneficial.

However, you don’t want to resolve your case before you have a firm understanding of the nature and scope of your injuries and damages.

car crash on highway

Statute of Limitations for Filing a Personal Injury Lawsuit

The personal injury statute of limitations, or the time you have to file your personal injury lawsuit, applies to all personal injury cases.

Your clock starts running as soon as you’ve been injured. 

Once the statute of limitations has run out, you lose your right to file a lawsuit, except in very rare circumstances. 

If there is any chance that your injuries are a result of another’s negligence, consult a knowledgeable personal injury attorney as soon as possible.

Each state has specific laws when it comes to statutes of limitation. 

For instance, in general, the statute of limitations for a Georgia personal injury case or wrongful death case is two years from the date of the injury or death.

However, certain exceptions can limit or extend that period.

Things like incapacity, minority age, or fraud, can extend the statute of limitations.

Can I Get an Extension on the Statute of Limitations? 

If you missed the deadline to submit your car accident lawsuit or won’t have time to file, you might be able to get an extension. 

However, you should be aware that extensions are typically only granted in rare, specific situations. 

For example, if you are incapacitated due to the accident and unable to file a claim, the court may grant you an extension. 

Incapacitation will often require medical proof. 

Other extensions and exceptions may be available in certain situations. 

It’s best to speak with a personal injury attorney for more details on these, as they require additional proof and documentation.  

Maximum Medical Improvement and Settlement

Before you decide to accept any settlement offer from an insurance adjuster or the defendant, you need to figure out whether you have reached “maximum medical improvement” or MMI. 

MMI means that you are as healthy as you are going to be in the wake of your injuries. 

Or you and your attorney can value your damages in terms of required future medical care and the ongoing financial impact of your injuries.

Remember, there’s nothing to lose by getting the claims process started before you’ve reached MMI.

You just need to be sure you have a clear picture of your damages, both past and future before you resolve your case.

It’s always best to speak to a personal injury lawyer about your case before making any potentially damaging decisions regarding your rights.

Related Blog: What is the pain and suffering Multiplier

When to Contact a Personal Injury Attorney

If you or a loved one were recently injured due to the negligence of someone else, the experienced attorneys at The Brown Firm are here to help. 

They understand the importance of filing a claim as quickly as possible to keep you from missing out on the compensation that you are owed.

The Brown Firm has years of experience successfully fighting for their client’s rights. 

If you would like help preparing a car accident claim on time, contact The Brown Firm today by clicking the button below for a free consultation.

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