After a car accident, you must take several steps to preserve your claim. A failure to perform these steps in a timely manner can reduce the value of your claim or even wipe away your ability to recover compensation altogether. But does that mean you must file your claim from the very beginning? Only sometimes. You must take some steps immediately, some within the first 60 days, and others you have up to three years to pursue. Moreover, knowing which deadline comes when can be confusing if it is your first time in an auto accident. As always, a DC or Maryland car accident lawyer at Gelb & Gelb is here to help you navigate the claims process.
Knowing when you can file a claim after a car accident differs from when you should. Furthermore, filing a claim is separate from filing a lawsuit. You should immediately contact an attorney when you get into a car accident. We report the accident to both insurance companies immediately following the accident. However, this rarely is the correct time to file a lawsuit against the defendant. In about 95% of cases, we can settle your claim outside of court. Thus, working towards an amicable resolution can be beneficial and cost-effective rather than immediately filing suit. Our attorneys will explain your options to you during your initial consultation. We will explain your case’s timeline and how long you must wait before filing a claim. On the other hand, missing any deadlines should you opt out of a consultation may result in losing your right to recover damages.
Contact our office today for a free case evaluation at (202) 331-7227.
Understanding Statutes of Limitations
What is a statute of limitations in a personal injury case? In Washington, D.C., and Maryland, the statute of limitations for most personal injury matters is three years, subject to some exceptions. But what is a statute of limitations? In DC, this is found under § 12-301 of the DC Code (a)(3). In pertinent part, the statute reads: “Except as otherwise specifically provided by law, actions for the following purposes may not be brought after the expiration of the period specified below from the time the right to maintain the action accrues: for the recovery of damages for an injury to real or personal property— 3 years.” There is a similar iteration in the Maryland Code under § 5-101.
That three-year time limit begins the minute the accident happens. If you miss this three-year window, you may be barred from recovery. If you miss this window due to carelessness by your attorney, you may have a legal malpractice claim against your lawyer. However, if you miss this window because you did not contact an attorney in time, you simply are barred from taking action.
Exceptions to the Statute of Limitations
While the three-year deadline is firm in almost all cases, there are limited exceptions. The first exception and most relevant to auto accidents is if you are a minor on the date of the accident. For our purposes, a minor is someone under the age of 18, which is the age of majority in Maryland and Washington, DC. Thus, the statute of limitations generally passes at age 21 if the accident occurs while you are under age 18. You should always speak with an attorney to discuss if this rule applies in your case.
The second exception to the statute of limitations is the discovery of harm rule. Unfortunately, this exception rarely applies in car accident cases. The reason is that you should immediately discover your injury if you are in a car accident. If you do not discover it immediately, it is probably a minor injury and may not be worth pursuing. However, to be sure, it is best to speak with an experienced personal injury lawyer.
The rationale of a Statute of Limitations
There are a few reasons why a statute of limitations is important in the context of car accidents.
- Preserving evidence: Evidence can deteriorate or become less reliable over time. Moreover, we are human. This means our memories fade or become imperfect. This is due to no fault of anyone. However, it places an undue burden on any witness or party to the case to ask them to remember information for years on end.
- Encouraging diligence: The statute of limitations encourages claimants to pursue their claims within a reasonable time. This prevents individuals from indefinitely delaying legal action, which could cause unnecessary hardship to the potential defendant.
- Legal certainty: The statute of limitations brings legal certainty and finality by establishing clear deadlines. Individuals and businesses can move forward with their lives. This is important for businesses that need to calculate liability and risk. It is also important in a civil society that wants its citizens to be able to move forward from past bad acts and embrace a more productive life.
The Importance of Acting Quickly
While not everything in a personal injury case should be rushed, certain parts should be. We will explore why you should contact an attorney as soon as possible. Of course, if your physical injuries restrict your ability to get in touch with a lawyer immediately, wait until it is safe to do so, or have a trusted family member reach out on your behalf. Why is it important to act quickly? Evidence, such as witness testimony, surveillance footage, and physical proof from the scene, can degrade or become unavailable over time. Moreover, PIP statutes have shorter deadlines. Additionally, if you wait too long to seek medical attention despite being in significant pain, the painfulness of your injury may be less believable to a jury if you wait two weeks to go to the doctor.
Further, acting quickly can take care of your car’s property damage sooner. It is best not to drive around a car falling apart from an accident.
When Not to Act
Although acting quickly is almost always beneficial, there are parts of the claims process you should avoid rushing. The most important part of your case to avoid rushing is medical treatment if you are not at maximum medical improvement. An issue many of our clients ask about is why they cannot settle sooner. The problem with settling as soon as the accident happens is you do not know how much more treatment you need. At that point, we would have to hire an expert witness to speculate how much more treatment you will need. An insurance company will not make a settlement offer accounting for future medical expenses unless you have been treated for months.
Moreover, you may be surprised to learn later you need surgery or that your injury is worse than you thought. It is too late when this happens, and you have already settled your claim. Accordingly, taking your time through this process is critical to maximizing your compensation. Therefore, we always advise clients to complete their medical treatment and be discharged prior to attempting to resolve a claim. Only then will we have the total count of special damages and be able to properly calculate your general damages based on how much time you were treated for and any other reductions in the quality of life you suffered due to the accident.
Consulting with an Attorney
Speak with an attorney at Gelb & Gelb today to discuss your injury claim. We are happy to discuss when you may file a claim after an accident.
