How Long Do You Have to File a Car Accident Injury Claim?
After a serious car accident, it’s natural to feel overwhelmed. Along with physical injuries and emotional distress, you may be wondering: How long do I have to file a personal injury claim? Understanding the deadlines for filing a claim is crucial. If you wait too long, you could lose your right to seek compensation entirely. These deadlines are often referred to as statutes of limitations.
At Gold, Khourey & Turak, we’ve been helping car accident victims in the Ohio Valley for nearly 50 years. Our goal is to make sure you understand your rights and help you to protect them. Here’s what you need to know about the statutes of limitation for car accident claims in West Virginia, Ohio, and Pennsylvania and why it’s so important to hire an attorney when you are seriously injured in an accident.
What Is a Statute of Limitations?
A statute of limitations is a law that sets a time limit on how long you have to file a legal claim after an injury or accident. Once this time limit expires, you can no longer file a lawsuit to recover compensation for your injuries, medical bills, or other damages. Once the time limit expires, you are forever barred from making your claim.
Each state sets its own deadlines, which is why it’s important to understand the specific timelines in your jurisdiction.
Statutes of Limitation for Car Accidents
Ohio: 2 Years from the Date of the Accident
In Ohio, you have two years from the date of the accident to file a personal injury claim. This includes compensation for medical expenses, lost wages, pain and suffering, and other damages. If you don’t file within this period, you could lose your right to pursue compensation.
There are some exceptions that can extend this deadline, such as if the claimant is a minor or if the accident involved a government entity. However, it’s best to act quickly rather than assuming you’ll qualify for an extension.
West Virginia: 2 Years from the Date of the Accident
West Virginia also has a two-year statute of limitations for car accident injury claims. The clock starts ticking on the date of the accident—not when you first notice your injuries or start medical treatment.
Like Ohio, there are some exceptions to this rule, but in most cases, you should assume that the two-year limit applies. Acting quickly ensures that your rights are protected.
Pennsylvania: 2 Years from the Date of the Accident
In Pennsylvania, the statute of limitations is also two years from the date of the accident. If you miss this deadline, you’ll likely lose the ability to seek compensation for your injuries, medical bills, lost wages, and other damages.
As with Ohio and West Virginia, there can be exceptions in special circumstances, but your best bet is to file your claim as soon as possible.
Why It’s Important to Act Quickly
Filing your car accident claim promptly is more than just about meeting a deadline. Here are some reasons why acting quickly is so important:
Preserving Evidence
The longer you wait, the harder it becomes to gather reliable evidence. Witnesses may forget what happened, and physical evidence can disappear or become less credible. Filing your claim promptly allows your attorney to gather and preserve evidence while it’s still fresh.
Medical Treatment and Documentation
Seeking medical attention right away not only ensures your health and safety but also creates a clear record linking your injuries to the accident. Prompt medical documentation makes it easier to prove your injuries and justify the compensation you’re seeking.
Avoiding Insurance Company Tactics
Insurance companies often use delaying tactics to reduce the value of your claim or pressure you into accepting a low settlement. By acting quickly, you put the pressure back on the insurance company and show that you’re serious about pursuing fair compensation.
Ensuring Your Right to Compensation
If you miss the statute of limitations, your claim will likely be barred, leaving you to cover medical bills, lost wages, and other costs out of your own pocket. Filing promptly protects your right to pursue compensation.
Strengthening Your Negotiation Position
Filing your claim quickly gives you more time to negotiate a fair settlement or litigate your claim if necessary. It shows the insurance company that you’re not willing to settle for less than what you deserve.
How Gold, Khourey & Turak Can Help
At Gold, Khourey & Turak, we understand that time is of the essence after a car accident. Here’s how we can help you file your claim promptly and effectively:
- Free Consultation: We offer a free, no-obligation consultation to review your case and help you understand your options.
- Immediate Action: Our attorneys will start investigating your accident right away, collecting evidence, interviewing witnesses, and building your case.
- Guidance Every Step of the Way: From filing your claim to negotiating with insurance companies, we’re here to guide you through every step of the process.
- Maximizing Your Compensation: Our goal is to secure the maximum compensation possible for your medical expenses, lost wages, pain and suffering, and other damages.
Don’t Wait—Contact Us Today
If you’ve been injured in a car accident, the clock is already ticking. The sooner you reach out to Gold, Khourey & Turak, the better positioned you’ll be to file your claim on time and maximize your compensation.
Call us at (304) 845-9750 or visit our contact page for a free consultation. Let us help you understand your rights, meet all necessary deadlines, and get the compensation you deserve.
Christopher M. Turak focuses his practice in the areas of wrongful death and personal injury, with a special commitment to representing victims injured or killed by drunk drivers.
