When Should a Victim File a Personal Injury Lawsuit After a Car Accident?November 26, 2020
After being hurt in a car accident, a victim has a lot on their mind, including how to financially recover. This can be difficult to do if the insurance company refuses a claim or proposes a low settlement offer. Working with a lawyer who deals with car accident victims can help. However, some victims are not sure when to seek legal representation or when to file a personal injury claim.
Injured Victims Should Seek Immediate Medical Care
The most important step is to get medical treatment after an accident happens. Immediate medical care can make all the difference between an injury healing faster or becoming a chronic problem. A victim should not worry about the cost of health care, especially if they require diagnostics, surgery, and other measures. They need to put their health front and center.
Calling a lawyer early in the process is a good idea for any victim because medical bills are likely high. In Pennsylvania, the statute of limitations to file a personal injury suit related to car accidents is two years. Bringing in a lawyer sooner rather than later can ensure that the statute limit is not exceeded. There are very few exceptions to the two-year statute of limitation, and 24 months can go by quick. Consequently, a victim who believes legal representation can be helpful will want to contact a lawyer close to the date of the accident.
What Should I Do at the Accident Scene?
If possible, a victim who can still walk around may want to take pictures and videos of the crash site; these items can be used as evidence. It may also be wise for a victim to gather the names of witnesses who can verify what happened before, during, and after the accident.
A victim who is unable to document the scene of the wreck can always pass along this responsibility to someone who was not hurt, such as a witness or passenger.
Will My Case Go to Court?
An accident victim will be pleased to know that they may not even need to take their case to court. A lawyer will always try to negotiate a fair settlement once the victim’s medical situation has stabilized, which is known as maximum medical improvement (MMI). A lawyer will want to understand how much money is truly needed to cover all the expected costs related to the injury. By holding off on negotiations until a victim has reached MMI, the lawyer can make a stronger case as to why a higher settlement amount is appropriate.
Not all insurance companies will be as open to negotiating. Many balk at the idea of paying out large settlements. This is when a lawyer will file a complaint and start the personal injury lawsuit against the appropriate parties. Since the lawyer takes on this task, which could include complex discovery and going to trial, the victim can focus on getting better without all the stressors.
Media Car Accident Lawyers at the Law Office of Deborah M. Truscello Provide Legal Counsel to Injured Car Crash Victims
Are you considering filing a personal injury lawsuit after being hurt in a serious car? If so, contact one of our Media car accident lawyers at the Law Office of Deborah M. Truscello. Our legal team will ensure you receive the compensation that you need for recovery. Call us at 610-892-4940 or contact us online for a free consultation. Located in Media, Pennsylvania, we serve clients throughout Bucks County, Chester County, Delaware County, Lancaster, Montgomery County, Norristown, Philadelphia, Reading, and West Chester.