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Wednesday, December 27, 2017
A personal injury claim for a motor vehicle accident has two-years for the statute of limitations. That means you have up to two years to file your claim from the date of the accident. After that two-year window, you are permanently barred from taking the case to court ever again. While you have two years, you should never wait until close to that two-year mark to get started. Doing so could permanently hinder your case and make it impossible to seek compensation.
When it comes to how long after an accident you must wait, there is no definitive timeline. Instead, there are several factors that play a role in determining how long you must wait to file your claim.
A car accident makes your life difficult. Not only have you been seriously injured, now you are dealing with insurance companies, the other driver, lawyers, doctors, and you might not even have a working vehicle yet.
You are stressed – and the complexity of every conversation you have after your accident has you overwhelmed. More so, you have bills that are piling up from the hospital, doctor’s office, and even your personal expenses. You cannot afford to pay anything, you are not working, and you have run out of sick leave.
You may ask yourself at this point if you should file a car accident lawsuit to receive compensation and recover your losses. But deciding if a lawsuit is right for you is not easy – which is why you should speak with an attorney. An attorney can review your case, the costs, and help you decide if a claim or lawsuit is the better route.
The question is not about when you can file or if you should; instead, it is about how the process plays out and whether a lawsuit is the only way to receive the damages you deserve. Often, an insurance claim results in a worthwhile settlement; especially if you have a lawyer on your side.
Never just do the standard insurance process. Instead, speak with an attorney and make sure you have the evidence you need to prove your case and win a good settlement.
Insurance companies are required to represent their clients, but they also are thinking about themselves. They want to protect their profit margins, which means offering lower settlements to those who deserve much more compensation for their injuries.
If you are not sure if you should file a lawsuit, here are a few steps that may help the process become easier.
Insurance claims and lawsuits often die out because they lack evidence. Therefore, even if you do not know if you will file a lawsuit you should protect your best interests and collect evidence anyway. The more evidence you have, the easier it will be to succeed with an injury lawsuit or even just a claim against the insurance company for damages.
Some things you can collect or document include:
The more information you have, the easier it will also be for your attorney to determine if you have a case worth pursuing and how much they may be able to obtain for you in a settlement.
Whether you want to go through an insurance claim, pursue a lawsuit, or explore your options for both – the best thing you can do for your case is hire an accident attorney. A car accident attorney represents your best interests. They know the law, they are experts at helping describe your injuries and paint a picture to the insurance claims adjuster or even a jury. More so, they have worked with other insurance companies in the past and they know how to secure a settlement.
Car accident lawsuits are handled by the other party’s insurance and your insurance. Your attorney steps in to facilitate the negotiations, and push the at-fault party’s insurance company to pay for your losses.
The at-fault party’s insurance will always offer a low settlement at first, because they want to try to save as much as possible. If you do not have an attorney, you may take that settlement thinking that you are getting a worthwhile deal.
Before you take a settlement or think a lawsuit is the only way to go, consider the following factors:
Your insurance company works for you, but they also need to cut costs when it comes to overhead. Therefore, do not assume that your insurance company will fight for the compensation you deserve. Instead, they want to limit their losses and resolve the case so that they can move on.
The other party’s insurance claims adjuster is not on your side either. They will do what they can to offer a low settlement. If the other party’s insurance company knows that you are not working with an attorney, you might find that they are less willing to negotiate and even use tactics like telling you that your settlement offer is the highest they can give or the only settlement you will receive.
Most importantly, you need to total your economic damages and see if they are even worth a lawsuit. Sometimes, the economic damages are too low; therefore, an attorney may advise that you go through a settlement with the insurance company’s claim. Other times, your attorney may feel the settlement value outweighs the costs of taking a case to court.
The other party might have insurance coverage, but how good is that coverage?
The insurance company is only responsible for paying the amount up to the policy maximum. Therefore, if you were awarded $200,000, but the insurance policy only covers $50,000, you would not receive the other $150,000 from the insurance company.
Instead, your attorney would look for assets and other ways that the defendant themselves could pay for the settlement.
You should file a lawsuit as quickly as possible. However, first, you must speak with an attorney to see if you have a case. After you meet with an attorney you can review your options, explore your rights, and see if you should file a lawsuit.
Because the law limits you to two years, the sooner you speak to an attorney the better. You do not have to file a lawsuit the day you meet with an attorney or even within that same month, but the sooner you hire someone to start gathering evidence, the easier it will be to prove your case if you need to do so later.
For your car accident, speak with an attorney from Malman Law. Our attorneys are here to work as your advocates and we fight for the compensation our clients deserve. Schedule your consultation today by calling 888-751-2297 or request more information online.
They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.
- Britany Weaver
I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!
- Cheryl Wagemann
I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!
- Elvira G.
I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
would do everything they could for me.
- Tony S.
I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks, everyone!
- Devin Jones
Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
- Annie Ong
Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
- Eugenia Cathery
They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars because there is nothing higher.
- Omolewa Snyder
I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
- Trevor Harris
Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.
- Ernest Pitts
Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.
- Ariel Fleming
I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
- Carmen Rivera
Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the reparations of the accident. We would recommend their services!
- Greg Gustafson
Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman Law again in the future.
- Malak St.Clair
Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.
- Devri Lott
I cannot give enough praise to the team at Malman Law, for helping with my case. My children were involved in an auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
- Adrian Lopez
A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
- Vanessa Leon
Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
- Nyah Vuljanic
This law firm is the best they got me paid and Malman Law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position, they are awesome sincerely. Jeff walker
- Jeff Walker
Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.
- Steve Acosta
Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
- Adrianna Gomez
Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
- Jose Cruz
Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!
- Meagan Cruz
- Eddie Villarreal
I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!
- Madissen Miller
Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!
- Christina Ocon
Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!
- Adriana Martinez
So glad I contacted Malman Law regarding my accident. Professional and caring. Thank you Mr. Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!
- Virgil Sanner
I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!
- Jazlyn Caraballo
My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the next steps, and got my case resolved early. I would highly recommend Malman Law.
- Ashley Jenkins
2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim