Statute of Limitations: Personal Injury Lawsuit

Statute of limitations: what you need to know about filing a personal injury lawsuit

When considering filing a personal injury claim, there are a lot of variables to consider. One of them is the amount of time you have to file your lawsuit. In most cases, personal injury claims have a strict time period in which they can be filed. In legal terms, this is known as the statute of limitations. It’s the amount of time the legislature says you have to file your claim before you are barred from filing. There are some circumstances which can extend your time period to file but they are under very particular circumstances. This is because most time periods start from the moment the incident happened, when the victim was injured. That means it could be weeks or months before the victim is ready to file a suit. Most statute of limitations are in terms starting at a year but some can be a low thirty days. That means the victim’s family will likely need to balance caring for the victim and contacting a lawyer in a timely manner. That being said, a victim does not need to be fully recovered to file a claim. An attorney can help the victim’s family in gathering of evidence and filing before the deadline is up. An attorney will also help the family or the victim decide what kind of claim to file. This is highly variable depending on the state and the facts of the situation. In addition, the family may not know what medical care the victim is going to need before they fully recover. Insurance companies use many factors to determine a settlement offer, one of which is the needs of the victim. If the claim is filed before the full recovery costs are known, an attorney can help to contact the insurance company to get the amount adjusted. Finally, before money is accepted from an insurance company or litigation commences, the victim or their family will need legal help. Insurance companies may try to get victims to accept lower amounts and a lawyer can help negotiate the amount to best suit the victim’s needs. The Takeaway: While personal injuries are a particularly difficult time, it is best to contact an attorney early to make sure any claim is filed within the appropriate time to get the best representation for the victim.

  – The Litigation Team Ethan | Mark | Chris

The Allen Firm, PC 181 S. Graham Street | Stephenville, Texas 76401 Ph: 254.965.3185 | Fax: 254.965.6539

 

The Allen Firm, PC is composed of a team of attorneys located in Stephenville, Texas. Our mission is to improve people’s lives by providing reliable and practical help with their legal matters while operating under our values of honoring people, operating with integrity and striving for excellence. We offer help in forming businesses or companies, estate planning, lawsuits, real estate, probate, oil and gas, collections, agriculture, bankruptcy, family law, and accident and injuries.

   

*This article has been written and provided for educational purposes in an attempt to provide the reader with a general understanding of the particular topic and area of law covered in this Article.  It is not to be relied upon for any purpose.  The reader acknowledges the underlying analysis and legal conclusions referenced in this Article may be inaccurate by the changing of the law or by a controlling court opinion to the contrary.  No attorney-client relationship exists until an appropriate engagement letter has been signed. Contact our Firm to discuss how the contents of this Article may apply to your specific situation.