Here are the first measures to take if you are wounded in an accident.
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Questions
How soon should I inform individuals that I want to submit a claim for my accident injuries?
What is the deadline for bringing a personal injury claim against the government?
Is there a time limit for suing for compensation for my injuries?
I was injured in an accident and would want to register a claim for compensation. What should be my initial step?
How soon should I inform individuals that I want to submit a claim for my accident injuries?
You are not need to inform the persons you believe are liable for your injuries within a certain number of days following an accident unless you are making a claim against a government agency or employee. That doesn’t mean you should take your time. On the contrary, responding quickly – within a few days, if feasible – increases your chances of achieving a prompt and equitable decision to your claim.
Giving notice does not compel you to submit a claim; rather, it protects your rights and prevents others from subsequently claiming that your claim is unjust because you waited too long to inform them of your injuries. If you alert people as soon as possible that you want to submit a claim for your injuries, you will be able to proceed at your own speed in processing and negotiating the claim with the insurance company or government agency that ultimately accepts responsibility.
See the article Personal Injury Claims: Notifying Responsible Parties for further information, including who to notify and how to notify.
What is the deadline for bringing a personal injury claim against the government?
If your accident was even partly caused by a government body or employee – the city, county, state, or federal government, or any public agency or division (for example, a city bus or a school system – you must make a formal claim within a short period of time following the event. Depending on your state, this period of time might be anywhere from 30 days to a year. If you fail to make a claim within the time limit, or if you fail to include needed information in your claim, you may lose your right to compensation for the rest of your life.
Call your municipal or county attorney’s office and inquire about the time limit in your state. Although they may be the ones arguing against your claim if you file it, they are legally required to provide you with accurate filing information.
Is there a time limit for suing for compensation for my injuries?
If you are unable to reach an agreement with an insurance provider, you may be required to file a case in small claims or another court. However, you must be mindful of the regulations known as “statutes of limitations,” which restrict the time you have to file. If you fail to meet your state’s deadline, you will forfeit your ability to seek compensation in court and will be obliged to withdraw your claim entirely.
Check the statutes of your state to determine the time restriction that applies to your case. A list of the statutes of limitations for each of the 50 states can be found in the article Statutes of Limitations: Is it too late to file a lawsuit?
I was injured in an accident and would want to register a claim for compensation. What should be my initial step?
There are many things you may do in the days and weeks after an accident to safeguard your right to compensation if you decide to make an injury claim. Except for making a formal claim against a government agency, there is no single step that you must do and no fixed sequence in which you must go in order to get a fair settlement. However, the more of the following tips you can use, the smoother your claim procedure will be.
Write down as much information as you can regarding the accident, your injuries, and any additional losses (such as lost pay) as a consequence of the event.
Make a record of any discussions you have with persons involved in the accident or injury claim. (For additional information on what notes to take after an accident or injury, read the article Take Notes After an Accident or Injury.)
Collect tangible evidence and take pictures to preserve proof of who caused the accident and what damage was done. (See the article Personal Injury Accidents: Preserve Evidence for further information on what evidence to gather.)
Find witnesses to the accident who may be able to assist you in proving your case (for information on how to locate witnesses, see the article Personal Injury Accidents: Preserve Evidence)
