After being injured in a car accident, you need to file a claim as fast as possible. While you don’t need to file an injury claim the same day, taking your time can hurt your case.
It’s not just about the statute of limitations
Each state has its own statute of limitations that determines how long you have to file a claim after an injury. In Texas, for example, the statute of limitations is two years. However, the statute of limitations isn’t the only reason to file a claim quickly.
While you have time to file a claim, waiting too long can end up reducing your compensation. For example, it’s possible to receive the following form of compensation for your injuries:
· Medical bills, current and future
· Lost wages, current and future
· Loss of enjoyment of life
· Property damage
· Pain and suffering
· Lost benefits
When you don’t file a claim right away, some of these forms of compensation could become unavailable to you. For instance, if you don’t file a claim for a year, and during that year you had a job, you might not be eligible for all or part of your lost wages claimed.
Even if you struggled to get through a workday and only took the job because you needed income, the fact that you earned income can eliminate lost wages from your compensation. In that case, you’d only be able to recover actual lost wages from when you initially took time off work or quit.
Insurance companies scrutinize late claims
To win your case, your lawyer has to convince the insurance company to pay you the amount of money demanded. Insurance companies want to pay as little as possible, so they’re going to find ways to devalue or dismiss your claim.
For example, if you waited a year to file a claim for minor injuries, the insurance company will automatically be suspicious. If you’re asking for a large amount of compensation, including lost wages, they’ll wonder how you made it through the last year. Did you have a source of income? Did someone take care of you?
The sooner you file your claim, the better. Don’t give an insurance company any reason to question the validity of your claim.
A personal injury lawsuit can take a while
A typical personal injury lawsuit can take a while from start to finish. The process involves several phases that are out of your control once you get an attorney. Filing a claim quickly will ensure you get compensated sooner.
How long your case will take depends on your circumstances. For instance, after you get an attorney, the process could take several months to a year, depending on whether you settle or go to trial.
First, your lawyer will investigate your claim, ask for your evidence, and will review your medical records. Your lawyer will typically wait until you’ve reached maximum medical improvement (MMI) to contact the other attorney or insurance company to make a demand.
MMI is when you’ve ended your medical treatments and have recovered as much as possible. Waiting gives your lawyer a better idea of what your case is worth.
Most cases will settle since trials are lengthy and expensive. However, not all cases settle out of court, so be prepared for the possibility of going to trial.
Don’t risk losing a legitimate claim
Even when you have a legitimate claim, judges, juries, and insurance companies will judge you based on their perception of your actions. If you wait to file a claim long after your injuries have healed, they’ll wonder why you didn’t feel the need to pursue a claim before.
When a case goes to trial, a jury will decide why you waited to file a claim, and that might not turn out in your favor. Juries are known to side with victims, but juries are also easily swayed by inconsistencies and suspicions.
Why wait to file a claim?
There’s no reason to wait to file a claim. It’s going to take time and energy to find an attorney, create your case, and go through the motions, but it’s worth the effort. Each day you wait is another day your compensation is pushed out and potentially diminished.
