If you fail to file a personal injury claim within the statute of limitations, you may lose your right to seek damages for your injuries. The statute of limitations is the legal deadline for filing a claim, which varies from state to state. Generally speaking, you must file your personal injury claim within two years from the date of the accident. It is important to note that some states have much shorter statutes of limitations, so it is essential to check with a lawyer in your state to determine the exact deadline.
You can speak to a Salem car accident attorney to get assistance for your car accident claim. The lawyer will also ensure you get successful compensation to cover your injuries and damages from the accident.
Acceptable reasons for late filing of personal injury claims
Personal injury claims are often time-sensitive, and filing a claim after the allotted time period can lead to a denial of benefits. However, there are some situations where a personal injury claim can be filed after the deadline has passed. In these cases, claimants must be able to demonstrate that extenuating circumstances prevented them from filing the claim in a timely manner.
- Lack of Knowledge
If the injured party had no knowledge of their right to file a claim or were unaware of the time period within which they had to do so, this could be grounds for an exception to the filing deadline.
- Inability to Reach an Attorney
If the injured party could not contact an attorney within the time period due to illness or other extenuating circumstances, they may be able to make a case for an exception to the filing deadline.
- Mental Incapacity
If the injured party was mentally incapacitated due to the injury or suffered from a mental illness that prevented them from filing the claim in a timely manner, this could be grounds for an exception to the filing deadline.
- Legal Representation Issues
If the injured party had difficulty finding legal representation within the time period due to a lack of resources or other issues, this could be grounds for an exception to the filing deadline.
- Technical Difficulties
If the injured party could not file the claim within the time period due to technical difficulties such as website malfunctions or computer problems, this could be grounds for an exception to the filing deadline.