Published on September 2nd, 2020 | by Bibhuranjan0
How long do I have to file a personal injury claim in Pennsylvania?
If you suffer an injury because you are hurt in an accident, you have the right to receive compensation. You can receive compensation for damages that are financial, physical, or emotional. A personal injury claim is the type of claim you file when you are hurt as a result of an accident. This is when the damages are specific to your body. This does not refer to any damage done to your reputation or your property, which may include your car or house. A wrongful death claim does fall under a personal injury claim.
What is the Timeline For Filing a Personal Injury Claim in Pennsylvania?
Most of the time, the insurance company for the party that is at fault usually will negotiate some type of settlement without you having to file a personal injury claim. However, if they do not cooperate, you have the right to file a personal injury claim. In some cases, the insurance company may try to decrease the amount of money they offer you in the settlement. Before accepting a settlement, you may want to consult Wapner Newman to make sure you are getting the best settlement.
It is important to know that every state has a time limit in which you can file a personal injury claim. This limit of time is referred to as a statue of limitations. This is in place so that a person who is injured does not wait an extended period of time before filing a claim. This law often protects people or companies from being sued an extended period of time after an accident. However, this can put a burden on the victim to take swift action to make sure a claim is filed quickly to ensure compensation is received. If a claim is not filed before the time runs out, the victim will lose out on any compensation.
In the state of Pennsylvania, most of the personal injury claims must be filed within 2 years from the accident. It does not matter if it is a car accident, wrongful death, malpractice, bike, or pedestrian accidents. Accidents can also be caused by liability, such as slips and falls, products that are dangerous, or drugs that may not work they way they are supposed to.
Are There Any Exceptions?
Even though most of the personal injury claims must be made in 2 years, there are some exceptions to that rule. You should not assume what you can do about your lawsuit. Instead visit Wapner Newman to find out if you qualify for an exception. It is important to know if you qualify for an exception because 2 years is not a long time. It may seem like a lot of time until you are trying to put your case together for a personal injury claim.
Some of the common exceptions may be related to a medical malpractice claim. The timeframe can be extended based on when the injury was determined. In some cases, a medical condition or problem does not appear right away. It could take days or weeks before the condition begins to appear. Another common exception is when the injured party is a minor child. The minor child has 2 years after their 18th birthday to file a personal injury claim. There could be other exceptions for which you qualify, and a knowledgeable and experienced lawyer can help you determine if you qualify for an exception.
Are the Statue of Limitations a Real Thing?
Yes, the statute of limitations is a real thing. If you try to file a personal injury claim after the time has expired, the lawyer for the person you are trying to sue will immediately issue a motion to dismiss the case based of the time frame expiring. Most of the time, the court will throw out your claim and you lose your ability to receive any type of compensation. You do not want to hesitate to find a lawyer to review the details of your case to see if you have a claim that you should file. You want to make sure that your lawyer is experienced in these types of injury claims to make sure that you receive all of the compensation that you deserve based on your injuries and the long term implications of them. When you file a claim, you must think about how your injuries will impact your future because some injuries have long lasting effects that you do not consider at the time of your injury. Selecting the right lawyer may help you get the settlement that you deserve.