When Can I Claim Personal Injury?

A personal injury claim can be a long and complicated process, from the actual claim to going to court and testifying. If you’re lucky, you’ll receive compensation for your injury, but this doesn’t always happen.

When is it possible to claim personal injury and press charges? 

The ideal time to claim personal injury is right after the accident. Of course, the first step is to hire a personal injury lawyer. A professional can help you shape your claim and file it with the courts, insurance, and other necessary parties. 

In this blog, you will understand when you can (and should) file a personal injury claim and when it’s too late. 

We encourage you to talk to an attorney before making any major decisions, as any court proceeding can be lengthy and expensive. 

How Long Do I Have to Claim Personal Injury? 

There are statutes of limitations on personal injury claims, so you only have a certain amount of time to file a claim. You also might not be able to win a claim if you can’t prove that the accident was due to someone else’s fault or negligence. 

The statutes of limitations for personal injury claims vary depending on state laws. In some states, you have 18 months to file a claim. 

In most states (including Pennsylvania), the minimum is two years. Some states have a maximum of three years, which is the longest statute of limitations on record. 

While the limit depends on where you live, starting the claims process immediately is best. 

In most cases, personal injury is the result of a car accident or other public incident. It usually occurs between strangers and isn’t work-related. Because of this, it can be difficult to find details and file a claim. 

In addition, the time limit means that any insurance delays could prevent you from filing a claim. If you live in an at-fault state, your insurance company will file the claim for you once you request it. However, if you live in a no-fault claim, the process is long, and you have to file it yourself. 

What Circumstances Cause Personal Injury Claims? 

While the time limit prevents you from filing a claim years after an incident, the definition of a personal injury claim prevents unnecessary claims from flooding the system. In order to make a claim, you must have reasonable proof that there was personal injury. 

Of course, you want to ensure you receive all the compensation you can, especially with any outstanding medical bills or bodily trauma sustained by accident. 

The key to any personal injury claim is to be able to prove negligence. In the case of a worksite accident, this usually means that the person operating the machine wasn’t following rules or behaving responsibly. If someone wasn’t doing their job correctly and it ended up in an injury, that’s a solid foundation for a personal injury case. 

When to Claim Personal Injury

If you have been in an accident and want to file a personal injury claim, the first step is always to talk to a lawyer. Professional attorneys will be able to help you decide whether you have a case and if you’re within the statute of limitations for your state. Once you’ve met with an attorney, you can 

Start the process as soon as possible in order to avoid filing too late. Once you’ve dealt with basic medical needs and reported your injuries to insurance, you can start filing your personal injury claim and receiving compensation. 

Final Thoughts

In most states, you have two years to file a personal injury claim. You will need proof of negligence and evidence from the accident. 

As long as you start your claim soon and have substantial evidence to back up your claim, you should successfully receive compensation for your personal injury.