The statute of limitations in a car wreck case is a critically important deadline. If you do not have your claim fully resolved or a lawsuit on file before the deadline passes, or the statute of limitations expires, you will be barred from recovery.
An experienced Bloomington car accident attorney can help you determine exactly what deadlines apply to your case and can help you get a lawsuit on file before the statute runs. If you or a loved one have been injured in a car wreck, it is wise to speak to an injury attorney as soon as possible.
How Can I Be Sure I Won’t Miss the Filing Deadline in Bloomington?
If you have been involved in an accident that was not your fault that left you with injuries and other financial losses, speak to a skilled personal injury lawyer as soon as possible to ensure you don’t miss any important deadlines for filing your claim. A Bloomington lawyer with auto accident experience can explain the statute of limitations in personal injury claims like your car crash case and can take steps to make sure you don’t miss an important deadline and lose your right to recovery.
What If My Car Accident Claim Takes Longer Than the Statute of Limitations to Settle?
You are able to satisfy the statute of limitations in one of two ways: either settle your claim before the end date expires, or file your case in court. In either case you have met the requirements of the statute of limitations and no longer have to worry about it going forward. A skilled Bloomington car accident lawyer will be able to explain how you can satisfy the statute of limitations and ease your mind about missing this important deadline. Your claim may take longer to settle than the amount of time allowed for in the statute – many cases do – but once you have met the requirement by filing your case in court, it is no longer something you need to be concerned about. You should not assume that just because an adjuster tells you they will settle your case that you do not have to have a lawsuit on file before the statute of limitations runs. If you have not finalized every aspect of your settlement and been paid in full for your damages, we generally recommend you be sure to have a lawsuit on file before the statute runs.
How Does The Statute of Limitations Apply to Minors?
There are special rules that apply to minors when it comes to personal injury claims. Minors do not have an ability to bring a claim for themselves until they are 18, so generally statutes of limitations are “tolled” or paused until the minor turns 18. In most cases with minors, the statute of limitations for a car accident case will not run until two years after their 18th birthday, or their 20th birthday. However, in cases where a defendant is a government entity, the statute may only be one year after their 18th birthday.
Generally, we recommend pursuing a case right away, even if you have a young child and the statute of limitations is several years off. There are a few reasons not to delay in taking action: (1) evidence may be lost to time as witnesses memories fade, (2) medical records may no longer be available from providers if you wait too long, (3) claims for children can be more valuable when children are younger, due to the heightened sympathy for young children, and (4) if there is a substantial settlement, it is better for the money to be earning interest and growing for your child, than for the money to be earning interest and growing for some insurance company.
It is a good idea to speak to a personal injury attorney with car accident experience if you have any questions about how the statute of limitations will apply to you or your minor child and a personal injury claim.
How can a Bloomington Car Crash Lawyer Help?
An injury lawyer can help you determine what deadlines apply to your specific case and can help you make sure a lawsuit is filed before the statute of limitations expires. This is critically important because the law is very unforgiving when it comes to statutes of limitations. If you are even a day late, you can’t recover for your injures, no matter how severe those injuries might be. An experienced lawyer can make sure you do not lose your right to recovery because of something as simple as a missed filing date.
A car accident lawyer can also generally help you by: (1) negotiating a higher settlement, (2) helping you manage your medical bills and negotiating reductions in medical bills and liens, and (3) guiding you through the process and making it all much easier so you can focus on your healing, on your family, and getting your life back. We would be happy to provide a free consultation to discuss your case. Call our office today. We are here and ready to help.