When’s the Best Time to File a Car Accident Lawsuit?
If you’ve been injured in a Kentucky car accident and have started to research your legal options, you might already be aware that you have a strict time limit, often referred to as a statute of limitations, to file a lawsuit against the other driver during. Kentucky statutes of limitations can be quite complex. If you’re wondering how long you have to file, knowing the details of your statute is imperative.
Beyond the details of your statute, knowing when to file a lawsuit almost always comes down to the specific details of your case. If you’re considering suing the other driver after a serious car crash, for example, you may want to speak to a personal injury lawyer as soon as possible after the accident occurs. Once a lawyer agrees to take your case, you will be protected from any insurance adjusters who may try and hound you. This can give you peace of mind.
Once you hire an attorney, your lawyer may decide to file the lawsuit right away or wait a few weeks or even months. If, for example, you’re still undergoing costly medical treatment or are scheduled for surgery, your lawyer may decide to put off filing the case until you’ve recovered more or have undergone surgery. Knowing the total amount of your medical costs as well as the full extent of your injuries can be an asset during litigation.
If your lawyer decides to delay the filing for this reason, remember to always follow the advice of your doctors during this time. Failing to do so may jeopardize your case. Also be sure to document everything regarding your medical treatment and care. The better records you keep, the easier time your lawyer will have trying to prove your case in court.
Your lawyer may also decide to delay filing the lawsuit based on how much evidence is on hand. Were photographs taken at the scene of the accident, or will the police reports and any security videos be the only forms of evidence? In this particular situation, it may be beneficial for your lawyer to wait a few weeks and try and get a hold of more evidence or gather more witnesses first.
Essentially, as long as you’re well within your statute of limitations, your attorney will make a decision to file your lawsuit based on the needs of your case. An experienced personal injury attorney will prioritize your family, wellbeing, and health when making this decision, but may decide to go ahead with the lawsuit or delay it depending on your case’s odds of success. Lawsuits aren’t guaranteed wins, remember. Knowing when to file is essential.
In order to give your attorney as much time as possible to give you your best chances of succeeding, you should consider contacting an attorney as soon as you can after the accident. This gives your lawyer plenty of time to gather evidence and contact witnesses, etc., while you focus on recovering.
For more information, don’t hesitate to give Todd W. Burris, Lexington, KY car accident lawyer, a call today. If you were injured in a Kentucky accident, you need an attorney on your side who understands every aspect of Kentucky laws and statutes. At The Law Office of Todd W. Burris, we can help you every step of the way.