February 27, 2024
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Traffic accidents are becoming increasingly common every day, primarily due to the negligence of motorists. If you get into a car accident and sustain injuries from the same, you are entitled to compensation from your insurance company and the party at fault.

But, there is a procedure you need to follow for the same – you need to file a claim with all the required documents within a stipulated time. But how long do you have to file your personal injury claim after an accident? Read on to find out!

How Long Do You Get To File A Claim After An Accident?

The time you have after an accident depends on the type of claim you are filing. Depending on the circumstances of the accident, you could file a claim with your own or the other party’s insurance company for the damages sustained. Alternatively, you can file a lawsuit against the party responsible for the accident to get a fair compensation amount. And you must file both these types of claims within a stipulated deadline.

Filing An Insurance Claim

If you file a claim with your insurance company, it’s best to do so as soon as possible. You see, most companies don’t provide a clear deadline within which you need to file the claim but instead mention that you can do so within a reasonable timeframe.

The best idea here is to go through the insurance documents to see if your company does specify a fixed timeline or not. But even if that’s not possible, given the situation, you must file the claim within a few days of the accident. This is important because if you try to file the lawsuit after a long time has passed, the insurance company will have a reason to dismiss your claim citing difficulties in the investigation.

Filing A Lawsuit

If you are considering filing a lawsuit against the other party, it’s best to get in touch with a lawyer first. A legal professional would be aware of the statute of limitations for the state you reside in and help you file the claim within the specified period. While the deadline could be anywhere between 2 and 6 years, it’s best to do it as soon as possible to avoid undue hassle.

Why Is It Best To File A Claim Immediately After An Accident

While you get a reasonable time limit to file your case, doing it immediately has some advantages. Firstly, as the incident would be fresh in your mind, you will be able to provide all the details of the accident to your lawyer, enabling them to develop a strong case against your opponent. You will also be able to find and use the testimonies of witnesses present on the scene for your lawsuit.

Additionally, it would be easier for your lawyer and the insurance company to investigate the accident and assess damages.

Consequences Of Delayed Filing

Along with giving your insurance company a chance to reject your claim or provide a reduced compensation amount due to difficulties in the investigation, you can also lose your lawsuit due to delayed filing. It would be impossible for you to collect evidence from the accident scene after considerable time has passed, and potential witnesses may also not remember much of the details. This can make it difficult for you to win the lawsuit unless you have a competent lawyer by your side.

Summing Up

So, no matter how much time you get to file a personal injury claim, it is in your best interest to do it as soon as possible. If you need legal advice for the same, you can get in touch with a reliable Honolulu Personal Injury Attorney, who can help you easily handle all the procedures.

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