Can I still make an injury claim several months after a car accident?


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Question:

Can I still make an injury claim several months after a car accident?

Answer:

That statute of limitations varies from state to state as far as when a claim from the car insurance can be made. In all states, it not lower than one year, but it is also never longer than six years. There are two categories of claims: property damage and personal injury. The states may even have differences in their statute of limitation for each category, so this should be the first thing a person researches when involved in a car accident. Usually, the best move is to file a personal injury claim immediately following the accident. For best results, the person should submit his claim with all necessary medical documentation.

The truth of the matter, however, is that many injuries don't present themselves until sometime after the accident has occurred. The victim may not be aware of certain damage until sometime later. Back injuries are often this way as they don't immediately become apparent and many signs of the damage won't occur until months later.

In order to avoid having the statute of limitation on filing a personal injury prevent a person from making the claim, the potential injured individual should be aware of some of the common symptoms that occur to those who have been in an auto accident (that can indicate more serious injury). They include:

  • chronic and/or intermittent back pain
  • muscle weakness signaling possible underlying nerve damage
  • numbness, usually in the leg, which may indicate a pinched nerve
  • sciatica; warning signs include pain shooting down the back and legs

In many cases, insurance policies have a cap to them. Also, insurance adjusters are trained to low ball plaintiffs, offering them significantly lower settlements that fail to adequately cover damages. It is the wisest course to not sign any insurance waivers until after an extensive medical examination to ensure that some "masked" damages are not missed.

In any case, for those who do suffer trauma/pain/injury some time following the car accident, they should be aware that most states' statute of limitations for filing a personal injury suit are generally between 2-3 years.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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