A car accident can cause a lot of chaos, leaving you disoriented and unsure of how to proceed. This is especially true if you did not immediately know you were injured or that you wanted to contact a Charleston car accident attorney. Fortunately, you have some time to file your claim, and Salango Law may help you recover from delays to get the maximum compensation available to you.
What Is a Statute of Limitations?
Most crimes have a period of time when charges or lawsuits are allowed to be filed. Once that deadline or Statute of Limitations passes, you are no longer eligible to press charges or file a lawsuit.
The time allowed varies depending on the case type, but West Virginia 55-2-12 states that the default allowance is two years. The two-year statute of limitations is also applicable in a wrongful death lawsuit that may result from a car accident.
A statute of limitations is implemented to prevent the lingering possibility of charges. Additionally, evidence may be lost, and eyewitness statements may become less reliable. However, for particularly egregious crimes like murder, there is no statute.
How Long Does a Car Accident Case Take?
You may wonder if there is any rush in filing a claim or hiring a personal injury attorney. There may not be, but the process will often take longer than one may expect. For example, once you choose to make the claim with insurance, they will request information about the case. This may be a police report, medical records and bills, or other documents related to the accident.
When they receive the documents, they will review them to determine what happened. They may have follow-up questions or ask for additional paperwork. This process can take weeks or months and may take additional time to delay or pressure you into accepting a lower settlement offer. If they determine they are liable, negotiations will begin, and this is another process that may take months.
You may run out of time if you start the process 12 or 18 months after the accident. This may force you to take the case to court before negotiations are over, or you may take a lower-than-preferred offer to ensure you recover any compensation. Insurance companies know you will lose leverage once the statute of limitations has expired. The possibility of a case going to court is a significant factor in how generous or conservative their negotiations are.
Sooner Is Better
The lawsuit and negotiation process can be much more efficient when you know what documentation to collect and provide as you gather it, allowing your attorney to present a stronger case to the insurance company. Unless insurance feels they have a strong case against you, they don’t prefer to go to court, so presenting a solid case increases your negotiating power for a more fair reimbursement. If you reach out to an attorney and file your claim immediately following your car accident, you have the highest chance of recovering the maximum compensation.