Posted on Monday, July 1st, 2024 at 9:00 am
After a car accident, filing a claim might not be the first thing on your mind. Your immediate concerns likely revolve around your health and safety. Still, knowing the timeframe for filing an injury claim is crucial to ensure you can pursue the compensation you deserve. As time passes, many people ask, “How long after a car accident can you claim injury?” Familiarizing yourself with the timeline for filing a car injury claim can help protect your rights and financial well-being. A seasoned Fort Smith car accident lawyer from McCutchen Napurano - The Law Firm can help.
Understanding the Statute of Limitations for Car Accidents
The statute of limitations is the timeframe set by law for filing a lawsuit after you were injured by someone else’s wrongdoing. This period varies by state and the type of claim you are filing. In Arkansas, the statute of limitations for car accidents is three years from the accident date. If you file your lawsuit late, the court can throw out your case, and you’ll lose your right to compensation.
Factors That Can Influence the Filing Period
Generally, the clock starts ticking on the accident date. However, several factors can affect how long you have to file suit for a car accident injury, including:
- Discovery of Injuries – Some injuries might not be immediately apparent. Conditions like whiplash or traumatic brain injuries might take months to manifest. Most states, including Arkansas, have a provision known as the “discovery rule,” which allows the statute of limitations to begin when you discover the injury or should have reasonably discovered it.
- Minors and Incapacitated Individuals – If the accident victim is a person under 18 or someone who is mentally incapacitated, the rules are different. The statutory period might pause until the minor reaches the age of majority or the incapacitated person regains capacity.
- Involvement of Government Entities – A shorter timeframe may apply if your accident involved a government vehicle or occurred on government property. Depending on the agency, you may be required to file a notice of claim within six months to one year. Failure to meet this deadline can result in the forfeiture of your right to pursue compensation.
What Types of Compensation Can You Pursue in An Injury Claim?
When someone else’s wrongdoing results in your injury in a car accident, you can seek money to cover the losses you have suffered. You can pursue compensation for the following:
- Medical Expenses – This category includes all current and future injury-related medical costs. You can get money for emergency room visits, hospital stays, surgeries, doctors, prescriptions, physical therapy, and other necessary medical treatments.
- Lost Wages – If you can’t work because of your injuries, you can claim money for your lost wages during your recovery period.
- Loss of Future Earning Capacity – If your injuries result in long-term or permanent disability that affects your ability to earn in the future, you can claim compensation for loss of future earning capacity.
- Pain and Suffering – Your claim can pursue compensation for the physical pain and emotional distress caused by the accident and your injuries.
- Loss of Enjoyment of Life – If your injuries prevent you from participating in activities and hobbies you enjoyed, you can obtain compensation for this loss.
How a Car Accident Attorney Can Help
A Fort Smith car accident lawyer can help after a car accident by handling every step of the claims process, including:
- Investigating the Accident – Your lawyer can investigate the accident and its circumstances to assess your case and determine who is liable. They’ll also gather evidence such as police reports, medical records, and witness statements to support your claims about the accident.
- Assigning Fair Value – You may have difficulty determining your injuries’ full long-term potential impact. Your attorney can use their previous experiences to assess the full value of your claim.
- Dealing with Insurers – Your attorney will handle all communications with insurance companies. By doing so, they can protect you from tactics they may use to minimize your payout. Your lawyer will work hard to negotiate a fair settlement for you.
- Litigating in Court – If settlement negotiations fail, your lawyer can take your claim to court to pursue compensation through a trial.
Contact an Experienced Arkansas Car Accident Lawyer Today
If your injury wasn’t your fault, you need legal help to alleviate your physical, mental, and financial burden. The skilled Fort Smith car accident attorneys at McCutchen Napurano - The Law Firm know how overwhelming post-accident life can be. Time is of the essence when filing an injury claim, and you don’t need to worry about rushing your recovery. Let us handle your claim and legal concerns so you can focus on healing. Call our office at (479) 783-0036 or contact us online today for your free consultation.
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