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How long after car accident can you claim injury?

How long after car accident can you claim injury? when to contact car insurance company?

Car accidents are devastating. The days that follow your car accident are the darkest, marred by personal injuries, economic crisis due to inability to work, and juggling legal aspects of the car accident. The good thing is that the person who suffered losses and injuries due to the negligence of another party is entitled to compensation in form of damages.

The person who caused the accident in which you sustained injuries will compensate you either directly from his pockets, or through his car insurance coverage. The car accident victim also has another option of filing a personal injury lawsuit to recover his damages.

Now the questions are, How long after car accident can you claim injury? and when to contact car insurance company. what statute of limitations is for personal injury lawsuits? How many car accident cases are settled out of court, and Do you need to hire a car accident attorney to negotiate on your behalf?

To understand all those questions and many more, go through the contents of this article as outlined below. Alright, here we go.

Page Contents

How long after a car accident can injuries appear?

Injuries from car accidents appear immediately after the crash but some injuries like internal bleeding take time to show up. Always be on the lookout for injuries days after the accidents and seek medical treatment right away.

It is advised you seek medical attention even if you seem okay after a car accident. If you are most likely to seek damages, then seeing a doctor immediately after a car accident is useful.

Every damage you are likely to receive as compensation from the insurance company or if your case goes to trial, all depend on the fact you sought medical treatment or not.

According to statistics today, at least 95% of all personal injury cases settle out of court, but still having sought medical attention proves the seriousness of the injuries you incurred and should convince the jury to award you higher amounts of money.

6 injuries that sometimes show up later after the accident include

1. Whiplash injuries. This causes symptoms like headache, neck pains, and stiffness.

2. Traumatic brain injury. This is caused by a blow or a force to your head. An example is concussions and severe brain injuries. You will experience symptoms like headaches, changes in mood, memory issues, etc

3. Chest injuries. This is caused by the force of the car accident. You might experience symptoms like chest pain, coughing up blood, labored breathing, and others. 

4. Back and spinal injuries. Symptoms of back and spinal injuries you will experience due to a car accident include backache, numbness, and weakness in the legs or arms.

5. Internal bleeding. A car accident has the potential to cause damage to your internal organs leading to bleeding in the chest, the abdomen, and in the skull.

6. Psychological trauma. Car accidents cause traumatic experiences and this can lead to anxiety and stress, depression, post-traumatic stress disorder, and many others. These symptoms usually appear days or weeks after a car crash.

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Car insurance claim time limit

The time limit for filing your car insurance claim depends on the insurance company and the circumstances of the car accidents you were involved in. In normal circumstances, it’s better to file your claim immediately after the accident. 

Filing your claim immediately after the car crash ensure your claim is processed promptly, and it also gives the insurance company ample time to investigate the accident and process your claim payout.

There are several disadvantages to delaying filing your car accident claim. The 4 drawbacks of delaying filing your car accident claim include the following.

  • Loss of evidence. The longer you take to file your claim, the harder it will be for you to collect the pieces of evidence required to support your claim.
  • Difficult to remember details. Remembering what actually happened during the accident becomes harder as time goes by. 
  • Loss of coverage. Some insurance companies want you to file a claim within a stipulated time. Failure to meet deadlines means missing out on getting compensated. 
  • Difficult in proving who is at fault for the accident. The longer you take to file a claim, the harder it becomes especially if there are liability issues.

Can I claim for an accident after 3 years?

The answer is no but sometimes yes, depending on your decision of settlement. Most car insurance companies have up to 3 years as a deadline for filing your claim. 

This means that most if not all insurance companies could trash your claim after 3 years. 

If you chose to file a car accident lawsuit, then the answer is yes, it is still possible to file a car accident lawsuit in a few states. The statute of limitations is the time frame in which claimants (plaintiffs) should have filed their personal injury lawsuits.

For instance, the statute of limitations for filing a personal injury lawsuit in New York is 3 years. Failure to submit your claim within 3 years means losing out on your compensation for your car accident damages.

If you live in California, the statute of limitations for filing a personal injury lawsuit is 2 years. In this case, you can not claim for car accident damages after 3 years unless the claimant is a minor, or your injuries appeared weeks after the day of the car accident.

More so, the statute of limitations for filing a personal injury in Florida is up to 4 years. An injured person in Florida has up to 4 years to file a car accident injury lawsuit or else he/she losses the right to sue. 

Lastly, the statute of limitations in Texas for personal injuries arising from car accidents is 2 years from the day of a car accident. This means the car accident victim has up to 2 years from the day of the accident to file a lawsuit. In Texas, you the claimant are not supposed to file a car accident lawsuit action after 3 years.

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How long after an accident at work can you claim?

The time limit for filing a claim for personal injuries at work varies from the state in which the accident occurred. Most states allow 1-2 years as the statute of limitation for workplace accident injuries.

However, in some states time limit for workers’ compensation claims could be shorter or longer. I recommend you revisit the laws of your state to determine the rightful time limits.

I also need to remind you that that, time limit for filing claims varies for injuries. For instance, some states have different time limits for injuries that arose from workplace accidents and injuries due to car accidents. I encourage you to speak to an experienced personal injury attorney.

How long after car accident can you go to hospital?

I strongly recommend you go to the hospital immediately after your car accident. As I said earlier, some car accident injuries like head injuries and internal bleeding do not become apparent immediately after the accident.

You won’t know if you suffered such injuries unless medical checks like scans, and x-rays are done in the hospital. Delaying to seek medical attention means a possibility of putting life in danger of possible complications.

How to claim injury after car accident?

If you are injured in a car accident and you want to file a claim for your injuries, there are 5 steps you can follow.

1. Go to the hospital. Getting medical treatment ensures that your injuries are treated promptly and a faster recovery. Also, as I mentioned earlier, all the damages you will receive as compensation hinge on the facts of the medical care you received.

You need proof of injuries, evidence of financial losses, evidence of missed work/salary, etc. Having receipts of medical bills smoothens the process of proving to your insurance company or to the jurors that you incurred losses and injuries.

2. Gather evidence. It is important to take photos of the accident scene, witness statements, and police reports to support your car accident claims.

3. Notify your insurance company. After gathering all the pieces of required evidence of the car accident, you have probably sought medical attention. It’s time you informed the car insurance of the accident and injuries.

4. Upon receiving such information, a claims adjuster will be assigned to you to investigate the accident, determine the cause of the accident, evaluate injuries and losses and finally come up with a fair amount as your settlement offer.

5. Consider hiring an attorney. If you think you are not receiving fair compensation, or the insurance is “lowballing” you, it’s high time you hired a car accident attorney or any other personal injury lawyer.

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How long after an accident can you sue for personal injury?

You do not want to wait forever to file a car accident injury lawsuit. The statute of limitations is the time within which an injured person should file a lawsuit. 

The statute of limitations varies from state to state but is usually 1-3 years from the date of the car accident. In some states, this time limit is shorter but longer in others. I recommend you check your state’s car accident laws.

How long does a car accident claim take to settle?

The amount of time it takes for a car accident claim to settle depends on factors like the seriousness of the accident, the willingness of the parties to settle, and the complications of the case. 

In the worst case, your car accident case could to a trial taking even longer time to settle. I recommend you work with the insurance company claims adjuster or work with an experienced car accident attorney to ensure you receive the fair compensation you deserve.

Summary. 

The time limit for filing a personal injury claim, also known as the statute of limitations varies from state to state. In most states, you have up to 3 years to submit your injury claim.

You should also contact your car insurance company immediately after an accident. This gives the company ample time to process your claim. You should also inform your insurance company of the accident even if you do not intend to file a claim.