Do I Still Have a Claim If My Accident Was Over a Year Ago?
Posted on Wednesday, June 8th, 2022 at 1:50 pm
If you’ve been injured in an accident caused by someone else’s carelessness, such as a car accident, you could be owed significant compensation. You should not have to pay for someone else’s mistake. If your accident was over a year ago, you may be wondering if you could still file an injury claim or lawsuit against the at-fault party. It’s critical that you speak with a personal injury attorney about your case as soon as you can. While the guidelines below might apply, an experienced Alabama injury attorney could assess your situation and provide the qualified counsel you need.
Statute of Limitations
In the state of Alabama, you have two years from the date of the accident to initiate an insurance claim. This time period is established by the state’s statute of limitations. If two years have passed since your accident and injuries, the court will likely be barred from hearing your case. This means that the other party and their insurer will have less incentive to respond to your injury claim. Without the threat of being held liable in court, you likely will have a tough time recovering compensation from the other party. Contact us today.
Exceptions to the Statute of Limitations
While the statute of limitations provides two years to file a personal injury lawsuit, this time period can be extended or “tolled” in certain cases. One such case is when a victim’s disability prevents them from filing a claim. For example, this can apply if the victim was a minor at the time of the accident. This is because they were not old enough to file legal action at that time. Once they turn 19 years old, the clock for the statute of limitations begins. They will have two years from that point to file a claim.
You might have less than two years to take legal action in certain situations. One such case is when the liable party is a government agency. Examples of these are public schools, counties, and municipalities. You might be required to file a notice of claim much sooner in these instances, so having an experienced injury lawyer on your side is crucial. Contact us today.
Challenges to Filing a Claim
When filing an injury claim, time is also of the essence. When demanding fair compensation, the other party’s insurance company might be suspicious if you wait a long time to seek it. They would likely question whether your injuries were as severe as you claim, or if they even happened in the accident as you claim. This means that you need to build a strong case and prove that the original accident did in fact cause your injuries and resulting losses.
Do I Need an Attorney?
The aftermath of a serious injury accident can be confusing and frustrating. There are many considerations involved in building a strong claim for compensation, including gathering evidence, demonstrating liability, and negotiating. It can be difficult to navigate this process as an individual. This is especially true if some time has passed since the accident occurred.
An experienced personal injury attorney could handle all of the legal legwork for you. Your lawyer could secure crucial evidence and calculate the damages you’re owed, which could include:
- Medical bills
- Prescription medication
- Physical therapy
- Ongoing future medical care
- Future earnings
- Loss of income
- Pain and suffering
- Emotional distress
Your attorney could then issue a demand letter and negotiate for a fair settlement from the at-fault party. If the other side refuses to offer a settlement that takes into account your current and future losses, your lawyer might advise filing a lawsuit to seek damages in court. Contact us today.
Call Farris, Riley & Pitt, LLP Today
If you’ve been injured in an accident that was caused by someone else, don’t hesitate to contact a knowledgeable personal injury attorney right away. Even if your accident happened more than a year ago, you could still potentially seek fair compensation for your injuries and other losses. At Farris, Riley & Pitt, LLP, our team has been serving injured people in Alabama for more than 20 years and we know how to get results. Our satisfied clients are the reason we do what we do. Call us today at (205) 324-1212, or reach out online for a 100% free and confidential consultation.