Legal Guide

Is There a Time Limit to Bringing a Personal Injury Claim?

If you or a family member are thinking about bringing a case for personal injury, you must know about the time limits that change it.

The hurt person must either pay the claim or start court actions to protect it within three years. The qualification period will begin to run from the date of the event.

There are more precise limitation periods for accidents and many traffic rules associated with onboard situations, such as airplanes or boats or events in other countries. These can be much less than three years.

There are also many rules around limitation dates for circumstances experienced by children or people who cannot handle their affairs.

These time limits are set in law and are not something that lawyers can generally work around or negotiate. It is, therefore, necessary to approach an expert solicitor for information as soon as possible.

While some clients may choose not to bring a claim directly, this is not the best method. Wiener & Lambka, a group of Seattle personal injury lawyers, is giving up some important ideas for this, which include:

Changes in the law

The law is not inactive and can grow to the point where it refuses an injured person from making a claim or diminishes their chances of winning.

Valuing the claim

To truly value a claim, the solicitor will need to get a report from at least one professional medical expert. Suppose the client delays claiming until they have developed some complications from their injuries. In that case, it may be hard for the medical experts to provide detailed reports. This, in turn, will make it more challenging for the solicitor to value the case.

Interim payments

Some people may think that they should wait until they have recovered. This is not the best way. Our advice is that you should do it fast as, in some cases, your solicitor may get you some payment upfront, as an interim fee, which could help with paying for private practice, therapy, and care.

Evidence may be lost.

In the case of physical evidence, items may be lost, failed, or in the case of CCTV footage, overwritten or deleted. This data can often be the difference between gaining and losing a claim. The earlier you tell a solicitor, the better chance the data can be saved.

Memories fade

Witnesses can also distinguish between winning and losing a claim, and the longer time goes on, the more likely it is that the people will have ignored what happened. Witnesses may also relocate and be more challenging to contact.

Funding the claim

Some people suffer that instructing a solicitor will be very expensive, but this is not usually the case. Many clients will have a legal fees policy cover as part of their home, contents, or car protection policies. This would usually cover their legal costs. It is necessary to know that some insurers need to know about the claim within three months, so early steps must be taken. As the option, claims can often be funded by way of a no-win, no-fee arrangement under which the solicitor can take up to 26% of payment if the claim is victorious.

Wiener & Lambka advise always to contact a solicitor as soon as possible. The sooner you do that, the greater the chance of a thriving claim. If you would like a free and private discussion with one of their experts about any personal injury claim, please visit their website to learn more.


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