It is common to hear of people who have claimed an injury long after the accident happened. This occurs when the accident seems minor, so you do not experience the aftermath of the injury immediately. When this happens, the victims may decide to pursue a lawsuit for personal injury or settle the issue out-of-court. But lawsuits of this nature come with many conditions.
How Long After a Car Accident Can You Claim Injury?
After a car accident, your body may fail to experience the symptoms of an injury. Body chemicals such as adrenaline and endorphins may prevent the body from feeling pain. It is after you start getting recurring headaches or experience excruciating pain, that you will understand the severity of your injury. But how long after car accident can you claim injury according to the law?
There are limitations for car accident claims. For instance, you have up to three years to make a personal injury claim. The limit applies from the date of the accident and three years from the date you discovered your injuries came as a result of the accident. Where a child or a mentally-disabled person is involved, a car accident attorney in Fort Wayne can guide you on what to do. Also, the claim may take a different turn if the victim dies before the three years lapses.
Time Limit for Children
If your child was involved in a car accident, you have up to 21 years to claim their injury. The three-year time frame applies, but it can only start when the child reaches maturity age according to the law. Still, you can claim on their behalf?
Time Limit for People With Diminished Mental Capacity
Any person that is unable to claim for themselves is not affected by the three years. If the victim were under treatment at the time of the accident, the time limit to claim would only start once they are discharged. A family member can pursue the lawsuit on behalf of the victim as a “litigation friend.”
Time Limit for People who Have Passed Away
In case the victim passes during the three years, the executor has up to three years from the date of the death to present a claim. The executor need not be a relative to the deceased.
Pursue the Claim as Soon as Possible
If you or your loved has been involved in a car accident, pursuing the claim as soon as it happens can be of benefit you. You may not feel the symptoms right away, but you need to see a doctor who will examine the severity of your injury. Also, you will have strong evidence against the at-fault driver, through reliable witnesses when you present a claim soon after an accident.
Get Help From a Car Accident Attorney Fort Wayne
Pursuing a personal injury claim has never been easier. But with car accident attorneys at Delventhal Law Office, PLLC, there is a higher chance of getting justice. If you or your family member has been hurt in an accident, contact our office today to schedule a no-obligation legal consultation.