You may have felt fine initially after a car accident. However, weeks later you began to notice recurring pain or that you missed too much work. But, how long is too long in a car accident lawsuit?
Deciding whether it is too late to file depends on a few factors – and you should always consult an experienced Miami car accident attorney before assuming it is too late to file your claim.
Statute of Limitations
Most states have a statute of limitations: This clock starts the day the accident occurs. You only have so much time to bring your lawsuit to court; otherwise you will lose your right to sue. But, sometimes the statute timeframe doesn’t start at the time of the accident; it can also start when the injury was discovered. So if you did not discover an injury until weeks after, then the statute of limitations starts from that moment.
The Type of Lawsuit You’re Planning to Use
Property damage lawsuits and minor personal injuries are limited by state laws. But, wrongful death suits are not. If you are filing a wrongful death that was the result of a car accident, then you may not be constricted on time, even if the death occurred years after the accident. As long as the death was directly related to injuries from the accident, you can still file your lawsuit.
The hardest part about filing a lawsuit weeks later is evidence. Your attorney will have to spend more time researching and locating evidence that is easier to find a few days post-accident. Police reports and evidence may be lost, witnesses relocated, and so on. But, that doesn’t mean you don’t have the right to file your lawsuit, and it doesn’t mean an attorney won’t help.
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Don’t assume you cannot receive compensation for your injuries. You don’t deserve to suffer just because your injuries didn’t show up right away. Call us today for a free consultation and let us help you with your case.