When you sustain injuries in a car accident, you’ll want to file a claim to pursue the compensation you deserve. However, time restrictions exist on your ability to do so.
To avoid missing your chance to submit a claim and fight for financial recovery, acting as quickly as possible after a collision is best. For more information, reach out to a car accident lawyer.
Car Accidents Resulting in Injuries Are Common
Not only are car accidents common, with collisions occurring an average of once every 13 minutes, but these wrecks often end in significant injury. In a recent year, there were over four million medically consulted accident injuries, resulting in an estimated $473.2 billion in medical costs.
Also, victims in vehicles aren’t the only ones affected by traffic accidents. Thousands of pedestrians, motorcyclists, and bicyclists suffer injuries or pass away in collisions every year.
Car wrecks happen for many reasons, like distracted driving, which is one of the leading causes of car accidents. The primary cause of the accident can also dictate the outcome of the collision and the severity of injuries. Some of the worst accidents involve speeding.
In general, it is more likely you’ll walk away from a car accident with an injury than not. Regardless of the severity of your injuries, it’s best to seek legal help after a collision to determine the best way to handle your claim based on your circumstances.
Types of Injuries Car Wreck Victims are Likely to Sustain
Every car accident is unique, and injuries depend on the type and severity of the collision.
Some of the most common types of car accident injuries victims are at risk of suffering include:
- Burns
- Cuts and lacerations
- Fractured and broken bones
- Head injuries
- Traumatic brain injuries
- Neck injuries
- Back injuries
- Spinal cord injuries and paralysis
- Internal injuries
- Amputation injuries
Depending on the seriousness of your injuries, you may require extensive medical care, including hospital stays, surgery, or therapy. Medical costs can quickly add up, making it difficult to handle your physical health while wondering how you’ll ever pay off your bills. For this reason, pursuing financial recovery after a collision involving injuries is critical.
In the absolute worst cases, car accident victims succumb to their injuries. Situations like this can leave the victim’s family facing extensive financial trouble, and wrongful death claims may help relieve some pressure.
When you sustain injuries in a car accident, do not hesitate to discuss your situation with a qualified car accident lawyer.
Do You Have Unlimited Time to File a Claim for Injuries After a Collision?
Unfortunately, no, there are time limits on your ability to make claims for car accident injuries. Regardless of how you seek compensation, whether through an insurance payout or a lawsuit, you must pay close attention to time restrictions.
Failing to make your claim within the time allotted can have serious negative consequences on your ability to obtain a fair outcome for your claim.
Car Insurance Companies Often Impose Time Restrictions for Injury Claims
There is no universal time limit on filing an accident claim with your car insurance company (or the other driver’s insurer). In most cases, your car insurance company expects you to make your claim as soon as possible or within a reasonable time.
However, some states, specifically those that operate under the no-fault system, have passed laws to eliminate any ambiguity on the topic. For example, in New York, you have 30 days to file your claim with your insurance.
Also, Florida has imposed a strict 14-day accident law that requires victims to seek medical care within 14 days of their accident or risk forfeiting their right to personal injury protection (PIP) benefits. In some states, PIP is available to cover some of your accident-related expenses, like medical bills and lost wages.
Therefore, you should always report your accident to your insurance company as quickly as possible. Even if you’re still unsure of the extent of your injuries at the time of initiating your claim, it’s important to notify your insurer to get the ball rolling and avoid any potential issues.
The Law Limits Your Time to File a Lawsuit for Accident-Related Injuries
Much to many car accident victims’ surprise, not all collision claims result in lawsuits. While you can take legal action if necessary, you may be lucky enough to settle with the insurance company without needing a court case. If you cannot reach a favorable outcome, you may have the chance to file a lawsuit for compensation.
Note that if you do need to file a lawsuit, the law restricts the time you have to do so. The statute of limitations begins to run the moment your accident occurs. The amount of time you have depends on your state, but most statutes are one to four years.
You want to begin working on your car insurance claim as soon as possible. This is because, if you do end up having to file a lawsuit in the near future, you don’t run out of time. If you file your claim too late, you’re unlikely to have a successful outcome.
Car accident attorneys are fully aware of how statutes of limitations work and all other deadlines regarding legal claims. When you have a lawyer working on your claim, you can feel confident knowing your case is in the right hands.
The Reason for Time Limits on Injury Claims
These time limits on injury claims after car crashes can easily make you wonder—why don’t I have unlimited time? There are logical reasons for these time restrictions.
Generally, there is a short window of time to file claims and lawsuits for car accident injuries because:
- Investigating your collision is easier and more effective when it occurs sooner rather than later
- Accident evidence is more readily available soon after the crash
- The details of the accident are much fresher in your mind, and in the minds of key witnesses, right after the wreck
- The impact of your injuries is clearer closely following the collision
One of the added benefits of tackling your accident claim sooner rather than waiting is the possibility of receiving your monetary compensation faster. The more you wait, the more you’re delaying your settlement, which means going longer without the money you may really need.
All in all, it’s advantageous for everyone involved to handle injury claims as soon as feasible after an accident.
Claiming Injury—The Importance of Getting Medical Treatment After a Car Wreck
You must seek medical aid if you’ve suffered injuries in a car accident. Not only is this critical for your physical health, but also your future claim.
In your accident claim, you can’t simply state you suffered injuries; that’s just not enough. If that’s all it took, millions might claim injuries they never sustained to fraudulently receive insurance money.
For this reason, insurance companies need proof of injuries. The absolute best way to provide strong evidence of your injuries is through medical records.
When you visit an emergency room, your primary physician, or any medical center, they begin adding details to your medical chart. All medical information regarding your injuries should be in your medical records, from the results of diagnostic tests to recommended medical treatment. Eventually, your medical records will become part of your case, helping prove your injuries to obtain fair compensation.
Without getting any medical care, you’re very unlikely to ever get a monetary recovery for your injuries. Never skip a doctor’s visit after a collision; it matters to your health and your claim.
What to Do After an Accident Involving Injuries
After you leave the scene of your accident, you may be unsure of what to do. The following steps can help you begin working on your claim while protecting your rights to compensation.
Handle Critical Tasks While at the Accident Scene
Even if it is your first accident, some steps are common to do when you need help, including calling 911.
Requesting law enforcement presence is critical as officers investigate your accident at the scene. They then take the information collected and put it into a police report, which is substantial evidence for your claim. Accident reports serve to answer many essential questions, like what caused the accident and who was at fault.
If you need immediate medical treatment, you can also request emergency medical services. EMTs can render aid at the scene of the collision.
Handling these tasks at the scene is only the beginning.
Get Medical Attention as Soon as Possible
Regardless of whether you get medical aid at the scene of the car crash, you still need to follow up with a doctor, as EMTs are limited in what they can treat.
It’s also worth noting that even if you believe you suffered no injuries, you should still allow a medical professional to conduct a thorough examination. Doing so can reveal injuries you may not even realize you sustained.
Sometimes, immediately after an accident, it’s difficult to tell whether you’ve suffered harm. For example, if you have internal bleeding, you may not feel a thing until your health has worsened.
Try to Obtain Evidence
If your post-accident condition allows, you can try collecting evidence at the scene of the accident. This can include everything from photos and videos to witness contact information. If you cannot do so yourself, you can ask someone to assist, if possible.
Even after you’ve left the scene of your accident, you can still continue gathering evidence and documentation. For instance, police reports are made available in the days following a collision. Keeping a pain journal with in-the-moment accounts of your injuries, medical treatment, and progress can also keep things fresh in your mind and provide helpful information.
Your car accident attorney can also assist greatly in obtaining evidence that can help substantially build and strengthen your case.
Report Your Accident to Your Car Insurance Company
As stated, car insurance companies expect to be made aware of events involving their insured vehicle. Therefore, you must contact your insurer to notify them of your collision.
Insurance companies have made it easier than ever to begin a claim. Many insurers provide methods for reporting an accident on their websites or through their apps. Still, a good old-fashioned call is often best, especially when you have questions or concerns.
Your insurance company’s representative can ask questions regarding your accident and assign an insurance adjuster to your claim if needed. Insurance adjusters are in charge of handling insurance claims and all related tasks, including investigating the collision and assigning a monetary value to your case.
Follow Through With Medical Treatment
It is well worth stressing that simply going to the doctor once for an examination is not enough for an injury claim. If you did, in fact, suffer injuries, you must also follow through and complete medical treatment.
If you stop taking your medical treatment seriously or never even intend to follow the doctor’s orders, it can communicate to the insurance company that your injuries are not as serious as you claim. This, in turn, can affect the outcome of your claim, and you may end up with much less than your claim is worth.
Protect your health and your claim by following every order and recommendation your physician provides so you can recover physically and financially.
Consult a Car Accident Lawyer Right Away
It usually goes without saying—handling car accident claims is no easy feat. This is especially true when there are complications and roadblocks along the way. Fortunately, if you have a car accident attorney on your side, you don’t have to go through it alone.
After putting your health first, take the necessary steps to schedule a consultation with a lawyer.
Time is Limited—Discuss Your Case With an Experienced Attorney
When you experience an accident and sustain injuries, do not hesitate to speak with an attorney. The initial meeting with a lawyer is beneficial, as it can give you a better idea of what you can expect from your claim and provide some much-needed guidance. Reach out to a personal injury lawyer.
Most importantly, having a car accident lawyer can ensure you don’t run out of time to file an injury claim.