Category Archives: Claims

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When is the right time to file a personal injury claim?

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If you have been injured for someone else’s fault, then you are eligible to claim or compensation. But there are some strict time limits for pursuing personal injury claims. One of the benefits of filing a claim shortly after the accident is that you can find the witnesses easily, so there is more chance of winning the case.

Adult personal injury claims

The general rule for adults is that you have to make a claim within three years from the date of the accident. If your claim is not settled within this time period or court proceedings have not been issued, then you will be prevented from making a claim.  David M. Clark from https://theclarklawoffice.com states that you should “make sure you check with a local attorney because the statute of limitations vary by state.”  If your injury is caused by the negligent act of a doctor or nurse, then the claim will be categorized as ‘medical negligence’. In such case the time limit starts from the time the doctor or nurse was treating you found out to cause your injury. This is actually sometime after the event has occurred, as it takes time to investigate whether it was the doctor’s fault or not. If your injury is due to an industrial accident then the 3 year period starts after you are diagnosed with a medical problem.

Child personal injury claims

The 3 year time limit also applies to children. The only difference is that the 3 years start from the date of their 18th birthday. So, their court proceedings must be issued or the claim settled before their 21st birthday.  This gives the parents of the injured child a choice; either they can file a case right away or wait for their child to become 18 and make their own choice. In case of an aircraft accident, the period for claiming compensation is only two years from the date of the accident.

In order to increase the chance of winning a settlement case, it’s better to claim immediately after the accident. This will save you from any unforeseen events.