Have you suffered due to another person’s negligence? Have you sustained injuries due to them? Then you are entitled to recover compensation for your injuries and damage. You can do this through personal injury claims.
But you have to act fast because there is a time limit for filing personal injury claims that, when passed, will get you nothing. So before finding out how long you have before the deadline passes for your claim, let’s look at what personal injury claims are.
What Is A Personal Injury Claim?
It is a claim that you file to recover the compensation for the injuries you sustained due to someone else’s negligence and wrongful behavior. The three most common types of personal injury claims include:
- Negligence
- Workplace related injury
- Vehicle accidents
Whatever the reason, Pinellas County Personal Injury Lawyer can help you get the compensation that you deserve.
How To File A Personal Injury Claim?
If you want to claim compensation for the injuries, there are certain steps that you need to take in order to ensure you get the compensation you are entitled to.
1) Report the accident and injury
The first and foremost thing you need to do is to report to the authority about the accident and the injuries and damages you sustained. So if you were involved in a vehicle accident, then you will notify the police, and if you were injured in your workplace, you would report it to your employer.
2) Get medical checkups and treatment
The next thing you need to do is to consult with your doctor and get a complete medical checkup. Medical reports and certificates can serve as evidence to support your claim…
3) File a claim
You need to file a claim for compensation for your injuries and damages to the relevant authority. Depending upon the rules of your company, you will file a claim for worker’s compensation to your employer. For vehicle accidents, you will need to file a claim to the insurance company of the party at fault. It’s best to get help from your lawyer.
4) Get help from a lawyer
It’s highly recommended to get legal help and advice from experienced and skilled lawyers. They will help you understand your legal rights, how to file the claim, and how long the process takes.
If your claim is accepted, you can receive your weekly wage, medical expenses repayments, out-of-pocket expenses. But if it is rejected, then you will need the help of your lawyer to find the reason behind your claim being rejected and explore other options.
5) Settlement
You can get compensation for loss of income, medical expenses, pain and suffering, care and assistance, and other losses and damages resulting from the accident.
How Long Do You Have To File The Personal Injury Claim?
Technically, you have to file a personal injury claim for compensation within 3 years of the date of accident and injury. So this time period, also known as the limitation period, also includes the time spent reporting the accident. The limitation date is the deadline before you have to start your personal injury claim.
If you are unable to file a claim and start court proceedings within this time frame, your claim becomes statute-barred, meaning you will not be able to take any legal action nor get the compensation you deserve.
Even though this seems unjust, the time limits are in place to ensure fairness. But sometimes, the court can extend this limit, but it is extremely rare. So it’s best for you to make your claim as soon as possible. Some exceptions for this time limit include
Injury claims on behalf of children
Guardians can make personal injury claims on behalf of the children up to their 18th birthday. After which they can file their own claim upon their 21st birthday.
Fatal injury claims
Loved ones can file a claim on behalf of the person who died due to the other party’s negligence. In case the deceased person has started the claim proceedings and died within the limitation period, then their loved ones have additional 3 years from the time of their death to file a claim.
And if the cause of death was found later on, from post-mortem, that the death was caused by accident, then the loved ones will have a 3 years time limit from the date of knowledge.
Criminal injury claims
Criminal injury claims are handled by the Criminal Injuries Compensation Authority (CICA). And so they require the claim to be filed within 2 years after the accident.
Claims for mentally affected people
Someone who is unable to handle their own case due to mental illness, then they will have 3 years from the day they are discharged or recover from their disability.
Claims for accidents on aircraft
For accidents on domestic flights, you have a 3-year time limit, but for accidents on international flights, you will have 2 years to file a claim from the time of your arrival at the final place.
Claims for accidents on ships
Whether the accident occurred on a cruise ship, ferry, or cargo ship, the limitation period is of 2 years after the date of the accident.
Claims for accidents abroad
For accidents abroad, there are different limitation periods depending on their own laws.
What Does The Limitation Period Mean For The Personal Injury Claim?
It is crucial for you to register your claim within the limitation period. Depending on the severity of injuries and damage, as well as the complexity of the case, your claim may not be able to complete within the limitation period.
But if you have registered the claim within the limitation period, then you have nothing to worry about. Because of the time limit, it is essential that you get legal advice early on to ensure you can file the claim correctly within the time limit.
Once the deadline is too close, you may struggle to find a lawyer who will take your case. If the deadline is too close, then your lawyer will quickly issue court proceedings to ensure your claim can start within the limit. Choosing experienced lawyers from Personal Injury Attorneys McQuaid & Douglas can help you devise a good strategy to tackle your case effectively.
In Conclusion
If you sustain injuries and damage due to the negligence and wrongful behavior of someone else, then you are entitled to file a personal injury claim and recover compensation for your financial, physical, and emotional sufferings.
But it is crucial that you do this within the relevant limitation period and before the limitation date to ensure you get justice as well as the compensation you truly deserve. Get legal advice early on to ensure your legal rights are protected, and you are able to start your personal injury claim on time.
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