After an accident, many people delay filing a personal injury claim, either because they are focused on recovery or assume they have plenty of time. However, waiting too long can negatively impact a case and even prevent a victim from receiving compensation. Filing a claim quickly ensures that evidence is preserved, legal deadlines are met, and the case has the best chance for success. A New York City, NY personal injury lawyer can guide victims through the process and help them take action before it’s too late. The Eskesen Law Firm settles cases both in and out of court, but we prefer to help you settle without even going to court. We know what this takes and will give you the best possible advice for your own unique situation. Continue reading to learn more about why it’s important to act with haste.
Statutes Of Limitations Can Prevent A Claim
Every state has a statute of limitations, which is the legal deadline for filing a personal injury claim. This deadline varies by state and the type of injury, but in many cases, victims have only one to three years to file. If a claim is not filed before this deadline, it may be dismissed, meaning the injured person loses their right to seek compensation.
In some cases, exceptions may extend the deadline, such as when an injury is not immediately discovered. However, these exceptions are rare, and filing as soon as possible is the safest way to protect a claim.
Evidence Becomes Harder To Gather Over Time
A strong personal injury case depends on solid evidence, but waiting too long can make it difficult to collect. Accident scenes change, security camera footage is deleted, and witnesses’ memories fade. The sooner a claim is filed, the easier it is to gather critical evidence, such as:
- Photos and videos from the accident scene
- Medical records linking the injury to the accident
- Witness statements confirming what happened
- Police or accident reports
When too much time passes, key evidence may be lost or become unreliable, weakening the case.
Insurance Companies May Use Delays Against You
Insurance companies look for any reason to deny or reduce claims, and a delay in filing can be used against an injury victim. If too much time passes before seeking medical treatment or reporting an injury, insurers may argue that the injury wasn’t serious or wasn’t caused by the accident at all. Filing quickly helps prevent these tactics and shows that the injury was legitimate and required immediate attention.
Medical Expenses And Financial Losses Add Up
Many personal injuries result in medical bills, lost wages, and other unexpected expenses. Delaying a claim means waiting longer to receive compensation, which can create financial stress. If an injury prevents someone from working, filing quickly ensures that lost wages and future earnings are accounted for in the claim.
Additionally, medical treatment may take months or even years, and a claim should factor in long-term expenses. Filing early allows a lawyer to work with medical professionals to estimate future costs and ensure that the settlement covers all necessary treatment. There are many different types of damages you can receive in a personal injury case, which is why you should speak with a lawyer to ensure you are getting what you deserve.
Legal Complexities Take Time To Resolve
Personal injury cases can be complicated, especially if multiple parties are involved or if the at-fault party disputes the claim. Some cases require expert testimony, accident reconstruction, or negotiations with multiple insurance companies. The sooner a case is started, the more time there is to build a strong argument and handle any legal challenges that arise.
How A Personal Injury Lawyer Can Help
Filing a personal injury claim quickly is crucial, but handling the legal process alone can be overwhelming, as understanding a personal injury case can be difficult. A personal injury lawyer can:
- Ensure all legal deadlines are met
- Collect and preserve important evidence
- Handle negotiations with insurance companies
- Calculate the full value of the claim, including future costs
- Represent the victim in court if necessary
Taking immediate action after an injury helps protect legal rights and increases the chances of receiving fair compensation. If you’ve been injured due to someone else’s negligence, consulting a personal injury lawyer as soon as possible can make all the difference in securing the financial support needed for recovery. The Eskesen Law Firm can help. We have over 25 years of experience in dealing with cases that are likely just like yours. Reach out as soon as possible to get started.
