If another person’s negligence caused your injuries, you do not have unlimited time to pursue legal action. This deadline is the statute of limitations and it sets the maximum period you have to file a personal injury lawsuit. If you miss that deadline, you may lose your right to seek compensation in court.
Why act quickly?
Failing to file on time can eliminate your chance to recover money damages, no matter how strong your claim may be. Even if the law allows several years, it is wise to speak with a legal representative as soon as possible after the accident.
It is also important to move promptly because insurance companies—whether yours or the other party’s—focus on limiting what they pay. Adjusters may push for fast settlements that do not fully account for medical bills, lost income and other accident-related costs.
Important state deadlines
Depending on where the accident occurred, the timeframe for filing a personal injury claim can vary. Your state may have a different statute of limitations for personal injuries compared to other states.
For example, New Mexico generally sets three years from the date of the injury to file a lawsuit. On the other hand, the window is shorter in Texas. You typically have two years from the date of the injury to file. But while two or three years might seem like a long time, legal preparations are complex and time-consuming.
What happens if you wait?
Postponing your claim can generate significant complications. For instance, crucial evidence may become increasingly difficult to obtain as witnesses’ memories fade and surveillance footage gets deleted or recorded over.
Furthermore, if you postpone filing your claim for an extended period insurance companies can contend that your injuries lack severity. They may also assert that your injuries originated from an unrelated incident or pre-existing condition rather than the accident in question.
Your legal options
It may not be too late for you if the circumstances of your accident forced you to delay filing. Even if time has passed, it is still worth reaching out to a legal professional. There are certain exceptions and nuances to the law that may still allow you to start a case.
If you sustain injuries in New Mexico or Texas, protect your rights by seeking legal counsel today. They may help you figure out your options and see which legal strategies work best for your specific situation.