When to File an Injury Claim After a Car Accident

After a car accident, many struggle to decide when to file their claim, risking missed compensation opportunities. Generally, acting quickly helps preserve your rights, secure evidence, and maximize your potential settlement. Here, we’ll explore relevant deadlines for car accident claims and what to expect throughout the process, providing you with practical tips we’ve accumulated over Christie Farrell Lee & Bell’s decades of experience. 

To ensure your claim is filed correctly and within the appropriate time frame, it’s recommended to consult with an experienced Indiana car accident lawyer. 

Why Is Timing Important in Filing a Car Accident Injury Claim?

When filing a car accident injury claim, Indiana law mandates a specific statute of limitations. As per Indiana Code § 34-11-2-4, victims must file their claims within two years of the accident. Otherwise, you’ll lose your right to recover compensation for your injuries.

Beyond the legal deadlines, timing is also essential for preserving evidence. Witnesses’ memories fade, physical evidence can be lost or damaged, and critical information may become unavailable over time. Filing your claim soon after the accident helps ensure that vital evidence is collected while still fresh.

Lastly, it’s important to remember that insurance policies also have specific deadlines for reporting accidents, and missing them will weaken your case or result in denied claims. Overall, filing promptly ensures your case remains valid and gives you time to take all the necessary legal actions.

Common Delays in Filing Injury Claims and How to Avoid Them

Many of the most common delays in filing an injury claim are avoidable with the right approach. The most common delays include:

• Uncertainty about injury severity: Many victims believe their injuries are minor and delay seeking medical attention. However, some conditions may not manifest until weeks later and can worsen if left untreated. In these cases, failing to file a claim promptly will diminish your chances of recovering full compensation.
• Waiting for an insurance offer: It’s common to delay filing while hoping the insurance company will offer a fair settlement. However, waiting on insurance negotiations can backfire, especially if the insurer drags out the process or makes a lowball offer that doesn’t cover all your expenses.
• Misunderstanding legal deadlines: Not being aware of Indiana’s statute of limitations commonly leads to missed filing deadlines. As we’ve stated earlier, accident victims who wait too long may lose the ability to file a claim altogether.

The best way to avoid these pitfalls is to act quickly. Filing your claim as soon as possible after the accident ensures you preserve your rights and strengthens your case by capturing all relevant evidence early on.

When Should You File a Claim After a Car Accident?

Filing a claim immediately after an accident is the most effective way to protect your rights. You should contact a lawyer and begin the process of gathering evidence as soon as possible, securing witness statements, photos, medical records, and other pieces of evidence that may be difficult to obtain later.

If your injuries manifest days or weeks after the accident, you can still file a claim, but timing is key. The “discovery rule” allows the statute of limitations to begin from the moment your injury is discovered, not necessarily from the accident’s date. 

For example, conditions like whiplash, internal injuries, or concussions don’t present symptoms right away, but you can file once they’re identified. In any case, delaying often complicates your case and makes it harder to connect the injury to the accident.

Factors That Affect How Long You Have to File a Claim

Many factors influence how long it takes to resolve a car accident claim:

• Nature of the injury: Severe injuries requiring ongoing medical treatment usually extend the claim process, as determining the full scope of damages takes time to document and evaluate.
• Liability disputes: Disagreements over fault or comparative fault considerations often delay claims. Resolving these disputes requires gathering evidence to clearly determine each party’s contribution to the accident, which can take significant time.
• Insurance company involvement: Insurance companies may intentionally delay or complicate negotiations to minimize payouts. This makes it crucial to have an experienced attorney who can expedite the process and ensure fair compensation.

Overall, hiring a lawyer for a car accident, even if it wasn’t your fault, helps protect your rights and simplifies the process of filing a personal injury claim.

What Types of Compensation Can You Seek in a Car Accident Injury Claim?

After a car accident in Indiana, your attorney will consider the following types of compensation:

• Medical expenses: Compensation for hospital stays, surgeries, rehabilitation, and future medical care related to the injury.
• Lost wages: Reimbursement for time missed from work due to the injury and compensation for lost earning capacity (if the injury affects your ability to work long-term).
• Pain and suffering: Compensation for the physical and emotional distress caused by the accident and its aftermath.
• Property damage: Compensation for vehicle repairs or replacement if the accident caused damage to your personal property.

At Christie Farrell Lee & Bell, our team can help calculate these damages and include them in your claim to ensure maximum compensation. Over our years of experience, we’ve secured multi-million dollar settlements for victims and their families across Indiana, and we can do the same for you. For examples of past successes, feel free to explore our case results.

Contact an Indiana Car Accident Lawyer for Help With Your Injury Claim

After a car accident, you don’t have to figure out how to file a claim on your own. We can help you through every step, from the initial consultation to the final resolution. Plus, you can pursue legal action with no upfront costs, as we don’t charge you anything unless we win the case.

During a free initial meeting, our lawyers can listen to your story and provide you with tailored legal strategies and an estimate of your claim’s potential value. Contact us today to schedule your free consultation with a local car accident lawyer and take the first step toward rightful compensation.