Following a car accident in Sacramento, you may sustain serious injuries and be unable to work. Also, your vehicle may need repairs or replacements. This type of accident is life-changing and you may want to file a personal injury claim or lawsuit to secure compensation for your losses. But how much time do you have to do this? The answer lies in the state’s statute of limitations for injury cases. In California, you have two years from the accident or injury date to file a lawsuit, with some exceptions.
Reasons to File a Claim as Soon as Possible
Even if you have two years to file a lawsuit, it’s best to file immediately. Contact a Sacramento personal injury lawyer who can help you prepare the necessary documents and file your claim. Waiting to file can jeopardize your claim due to the following reasons:
- Evidence may disappear. If you have suffered serious injuries and lost income, you want to be compensated for your losses as soon as possible. But proving the fault of the other driver requires sufficient evidence. Waiting at least a year to file a claim means some evidence may have vanished. Also, memories of witnesses may fade, so they may not support your story when you wait too long to act.Â
- Your injuries can get worse. After a car accident, you may initially experience a minor headache. However, this headache can be just a symptom of a serious concussion. Or maybe you deal with a tingling hand following the crash and you just ignore it. However, this condition can be associated with a spinal cord injury. Common examples of injuries that may not be obvious right away include internal injuries, whiplash, and brain injuries. If you do not file a claim quickly, the insurer and their lawyers may question the existence and severity of your injuries. The sooner you get a medical examination and file a claim, the better your chances of getting maximum compensation.Â
- Delays impact insurance coverage. Often, you must report a car accident to your insurer within a particular number of days. Not reporting on time can negatively impact your claim. If your initial report states you do not have injuries, the insurer may raise questions and delay your claim. Also, not reporting on time can give the insurer a reason to deny your claim.Â
- You may lose your right to file a lawsuit. Not filing within the statute of limitations means you will be barred from bringing a claim or lawsuit against the party responsible for your accident. Imagine dealing with mounting medical bills while you cannot earn an income. Not being able to file a lawsuit to recover damages is devastating. This is the reason you must hire a lawyer quickly and bring a claim immediately.Â
Read also: 5 Advantages of Hiring a Work Injury LawyerÂ
Should You Consider a Claim Settlement or Take Your Case to Court?
Every car accident case is unique. A lot of cases can be dealt with by filing an insurance claim. Then, the lawyers for each side negotiate and try to reach a settlement agreement. However, not all insurers will make a fair settlement offer. This usually occurs when liability is in question or serious. Extensive injuries require long-term recovery. In this case, taking your case to trial may be a better option.
But if you choose to settle your case, the time it takes depends on liability, the accident’s complexity, injuries, and the quality of evidence. A quick settlement is possible if you have serious injuries and fault and liability are clear. After all, insurers understand your right to sue and may need to pay more in court.