A personal injury lawyer usually doesn't want to file a claim quickly. The argument for holding off is to ensure you have a clear idea of what your long-term medical needs will be. You can only reach a single settlement so you want to know the obtained compensation will handle your needs.
There are typically limits, though, on how long you can wait. Let's look at what these limits are and how a personal injury attorney will try to address them.
Statute of Limitations
Each state has laws covering how much time a person has to file a claim. Normally, the statute of limitations is two to three years. However, there are a few quirks. Most states have shorter periods for filing claims against governments and their agencies, and this can be as short as six months.
At the opposite end, there are a few scenarios in a few states where the statute may be longer. Sex abuse claims, for example, usually either have no statutory time limits or very long ones. Likewise, some states have longer limits on cases involving exposure to biological, radiological, chemical elements.
Starting the Clock
The clock for most claims starts on the date of an accident. However, the clock usually doesn't start for hidden medical issues until you discover the problem. If you suffered a repetitive stress injury from using a poorly designed product, for example, the clock wouldn't start until you learned of the problem.
Also, some states have laws resetting the clock for people who became adults after incidents when they were minors. You will want to consult a personal injury lawyer to learn what your state's rules may be, though.
Stopping the Clock
The clock on filing a claim stops whenever you send a formal demand to the defendant. A personal injury attorney will submit a written letter stating what your injuries were, why you believe the defendant was at fault, and how much compensation is in order. On the date you send this demand, the clock stops. The law will be satisfied that you have met your obligation to demand compensation in a timely manner.
Balancing Physical Recovery with Statutory Limits
Understandably, you may find this balancing act a little worrisome. Ideally, you can learn as much as possible about your likely long-term prognosis before you file a claim. However, you may need to move forward with a claim if the limit is looming.
For more information, contact a personal injury lawyer near you.
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