How Soon Should I File a Lawsuit?
Have you ever sustained an injury and symptoms didn’t arise until months or even years later? Did you feel helpless and wonder if you would ever get the compensation you deserved? Many serious injuries can require medical treatment that may be ongoing and never have an ending in sight – permanent disability. If you’re still in the healing process, you may not be sure how much compensation to demand in a legal claim. So when should you file a claim for your injury?
Remembering the Statute of Limitations and More
If you are in the midst of medical treatment for an injury, then you don’t have to wait to file a claim; in fact, it’s a good idea to start right away. This is due to the fact that you will run into a filing deadline and you must always comply with these deadlines. The statute of limitations refers to a deadline for going to court and getting the case filed. When you receive an injury from an accident, you will have to comply with a personal injury statute of limitations. Each state varies, however, and you must remember this. You may only be involved in an insurance claim at the time – but you must always keep the statute of limitations in mind anyway, because you never know if you’ll eventually have to file suit.
In New Jersey, in accordance with New Jersey Code section 2A:14-2, the statute of limitations for personal injury cases gives an injured person two years from the date of the injury to go to court and file a lawsuit against those who have been deemed responsible. If you fail to get your lawsuit filed before the two-year window closes, then the New Jersey courts will likely refuse to hear your case at any time in the future. This means you lose your right to compensation!
Other Factors to Consider With Personal Injury
Everything takes place on a special timeline of events in a personal injury case. However, there are other factors to consider, too. For instance, you may have some questions concerning something known as Maximum Medical Improvement. You may have received a settlement offer from the insurance adjuster or defendant, but first you will want to know if you have reached Maximum Medical Improvement, also known as MMI. This process involves another timeline of events with determinations made on how your medical care will be in the future. How MMI works is that you and your attorney will have to assess if you are currently as healthy as you are going to be even in the wake of your injuries. If not, then you and your attorney will need to know how to value your damages in terms of required future medical care and financial impacts involved with your injuries. You won’t lose out if you choose to get the claims process started before you’ve reached MMI. The only problem is that you must be sure to have a clear picture of your damages before you resolve your case.
You may actually benefit most by speaking with a personal injury lawyer about your case. This is a good idea because they have the experience you may need with something as complex as personal injury law and the rules that surround it. They will be able to aid you before you make potentially damaging decisions in regards to your rights. Call MDL today for a free consultation, so you can receive the compensation you deserve.