Stage 6 of 10: Filing a Personal Injury Lawsuit

by Valerie Bock, February 10th, 2011

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The Importance of Knowing the Statute of Limitations

This article is Part 6 of The 10 Critical Stages of a Personal Injury Lawsuit.

If initial settlement discussions fail to produce a settlement, if your case is approaching the statute of limitations, or for other reasons, your attorney will file a lawsuit in the appropriate court.

The statute of limitations is a law, which varies from state to state, establishing a time period within which a person who is injured must file a lawsuit. If your lawsuit isn't filed in time, you will lose the right to pursue it, and insurance companies that are no longer threatened by the possibility of a lawsuit lose any motivation to settle with you.

The statute of limitations is one of the prime reasons for contacting a personal injury attorney as soon as possible after your accident. In many states, the general personal injury statute of limitations is one year. For specific situations, like automobile accident personal injury cases, some states have established longer periods, to encourage settlements. Read Accidents.com Personal Injury Statute of Limitations Chart.

  • Do not make the mistake of waiting until your limitations period is about to expire, before you contact a personal injury lawyer. Attorneys are required to investigate the validity of legal claims, before filing a lawsuit, and in the case of an accident claim, this process can take up to several months. Most attorneys will not agree to represent you, if you've shown up just a few days before your statute of limitations is about to run.

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

Tags:  Personal Injury Lawsuit

1 Comment

Helen Ferguson
May 9, 2011
I recently had an accident on 4/23/2011 whereby I was stopped waiting to turn and was slammed from behind by a truck. I called a law firm and investigator came out & I signed forms & never heard from the law firm he represents until a few days later .. I called to see if they were taking the case -- I got referred to a couple of doctors that were too far for me to travel & left message at law firm stating so .... I received a call from law firm referring me to another doctor and I had to asked --- ARE THEY GOING TO REPRESENT ME -- HE SAID YES, THEY ARE TAKING THE CASE ...... AS FOR THE POLICE REPORT, THERE IS NO INSURANCE COMPANY NAMED AND THE ADJUSTER FOR MY INSURANCE STATES SHE HAS NO ACCESS TO FINDING OUT THE NAME OF THE INSURANCE COMPANY OF THE VEHICLE THAT SLAMMED INTO ME -- ITS THIS A COINCIDENCE.????MY QUESTION IS: HOW CAN I FIND OUT THE NAME OF THE INSURANCE COMPANY FOR THE VEHICLE THAT SLAMMED INTO ME ?????? I HAVE THE (VIN#) , VEHICLE LICENSE # -- BUT NO INSURANCE COMPANY NAMED?

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