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When should I file a personal injury claim? 5 signs that it's about time

Updated: Oct 18, 2020



File your personal injury case as soon as possible when:

  • Serious injuries are involved.

  • You need to preserve the evidence.

  • The insurer has been negligent.

  • Liability has been dismissed.

  • An undervalued offer has been made.

5 signs that now is the time to file your personal injury claim


When these factors are involved in your personal injury case, the sooner you file your claim, the better. Here we explain why.


Serious injuries


Serious injuries generally mean more extensive and expensive medical treatments, as well as greater losses in terms of:


  • Permanent impediments

  • Pain and suffering

  • Long-term impacts on quality of life

  • Inability to work and associated loss of income.


In these cases, filing a personal injury case can be key to ensuring that victims can obtain the full compensation to which they are entitled.




Preservation of evidence


When there may be problems obtaining or preserving evidence in a case, filing a personal injury lawsuit as soon as possible can help ensure that:


  • As much evidence as possible is preserved (for example, a video of the facilities, property status in work injuries, data on CDRs and vehicle black boxes, etc.).

  • The injured party has the best chance to build as solid a claim as possible.

For example, after a truck accident, filing a claim can help prevent a motor carrier from eliminating crucial evidence, such as (but not limited to):


  • Remains of the accident

  • Truck maintenance records

  • Controller records kept by external providers

  • Dashcam videos (in-vehicle camera)

  • Employee hiring records

  • Freight bills

  • And much more.

Insurer negligence


When it's time to recover from an accident, don't expect insurers to be looking out for you, your rights, or your claim. In general, insurers protect your employer and earnings. And that generally means they could do their best to try to:


  • Avoid the matter and go around

  • Delay your case

  • Disregard your claim

  • Avoid paying him what he may deserve.

When these unclear tactics come into play, filing a personal injury case with the help of an experienced attorney is the best way to protect your potential rights to compensation.




Denial of responsibility


When a guilty party refuses to accept responsibility, filing a personal injury lawsuit is critical to holding that party accountable. The act of filing your claim will accomplish:


  • Formalize the process

  • Forcing a guilty party to prove that they were not responsible

  • Give you the right to certain evidence that the guilty party may have, such as records, images or other items

Filing your claim as early as possible is also important when a guilty party may accept some blame, but also try to blame you to some extent.


Devalued offer


Any offer for your personal injury case should compensate you fairly and completely for the suffering, damage, and losses you have suffered. As long as the offers fall short of this, filing a claim can be critical in helping you get the full compensation you deserve.


In many cases, it may not be easy to determine when a settlement offer is suitable or not. This is where an experienced personal injury attorney can provide invaluable guidance, helping you identify whether an offer sufficiently covers past and future losses, such as medical bills, lost earnings, and suffering.



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