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How Long Does One Have To Initiate An Auto Accident Lawsuit?

23 Mar 2018

Despite each state having different rules in place as to how long you have to initiate an auto accident lawsuit, you shouldn’t be worrying about this at the start. When you have sustained injuries or your vehicle has been completely totaled, you want to take action as quickly as possible. The answer is further complicated when victims feel slightly sore so they refuse medical treatment and discover later down the line they did have internal injuries that were quite severe.

To file your claim within the allotted time, the best thing that you can do is to reach out to a personal injury lawyer so they can get the ball rolling and you can focus on your injuries.

Making Certain You Get Medical Help
The reason you want an attorney working with you is because there is a lot that needs to be done before the claim can be initiated. The insurance company is hoping they can make an offer before you get a lawyer or get medical treatment so they are off the hook from having to pay a huge settlement. Your attorney is already setting up appointments to meet with the best doctors in their fields the minute you get released from the hospital. Without these reports, it is your word against the insurance company.

Your attorney realizes that once the doctor makes a determination as to the extent of the injury, they can use their expert testimony at trial to convince a jury you deserve the full settlement price.

Collecting Important Accident Evidence
The other reason the insurance company wants the case closed quickly is because that leaves your attorney less time to collect evidence. The minute you call your personal injury lawyer, they send an accident investigative team to rush to the location of the accident to take pictures, meet with witnesses, make a videotape of the surrounding area, and begin taking measurements of the location.

While this is going on, your attorney needs time to subpoena the call records of the other driver to see if perhaps they were talking and texting while driving.

Determining the Extent of Your Injuries
Early on, while you felt a little sore and thought nothing of it, your attorney was making sure to get second and third opinions in your case. It was revealed you had a fracture in your spine or you suffered head trauma that will impact you negatively the rest of your life. This is the exact reason the insurance company wants to get this closed as quickly as possible and make a settlement offer to the victim in the hopes they take the bait.

Your attorney is working hard to determine how these injuries will impact you financially moving forward, and what impact it will have on your ability to have a normal life.

Fighting on Your Behalf in Court
Now that your attorney has initiated the claim in a timely manner, they are not going to simply give in when the insurance company makes a cash offer. Your lawyer is spending countless hours trying to determine how much money it will take so that you can live out the rest of your life comfortably and not have to worry about where the money will come from for medical treatments years or decades in the future.

If the insurance company does not pay the settlement offer, they are told to prepare for a costly and lengthy trial at their expense. Usually the insurance company comes in with a reasonable settlement offer right around the time the case was due to go to trial.

By hiring a skilled attorney, not only will your case be filed on time, you will be in the best position to win a larger cash settlement. Your attorney will make certain you are compensated for your losses, your pain, your injuries, and your inability to work.

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