How Long After a Car Accident Can You Claim Injury?

A car accident is a traumatic experience. It can leave you overwhelmed, confused, and unsure of what steps to take next. 

A pressing concern for anyone injured in a car accident is understanding how much time they have to file a claim for their injuries. In personal injury cases, acting quickly to seek legal help is the best course of action, but situations exist where urgency just isn’t feasible. 

If you’ve been injured in a car accident, consulting a Denver car accident lawyer can help you know your legal options and the compensation you can seek. They can also help you clear some of the hurdles in your path to claiming compensation.  

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Denver Car Accident Guide

• Why Timing Matters in Filing a Car Accident Injury Claim
• Why You Shouldn’t Wait to Seek Legal Help
• Steps to Take Immediately After a Car Accident
• Understanding the Claims Process
• Common Concerns About Filing a Claim
• What is a no-fault state and a fault state?
• Proving Negligence in a Car Accident Claim
• Beware of the At-Fault Party’s Insurance Company
• Talk with a Fuicelli & Lee Car Accident Attorney

Why Timing Matters in Filing a Car Accident Injury Claim

States set strict legal deadlines for filing legal claims. These laws, known as statutes of limitations, determine how much time you have to take legal action following an accident caused by someone else’s negligence or wrongdoing.

The statute of limitations for filing a personal injury claim varies widely from state to state. Some states allow up to six years to file a claim, while others only allow one year to take legal action. 

In Colorado, for instance, the statute of limitations for personal injury claims is generally two years from the date of the accident. However, if the personal injury resulted from a car accident, the deadline is extended to three years.

However, there are exceptions to this rule that can either shorten or extend this period.

Exceptions to the rule

• Minors: If the injured party is a minor, the statute of limitations does not begin until they turn 18.
• Government Claims: If your claim is against a government entity, you must file a formal notice within 180 days of the accident, with a two-year statute of limitations for taking legal action.
• Mental incapacity: If the claimant’s injuries included mental incapacitation, the statute of limitations may be pushed back to accommodate the injured party. The injured person will normally get two years to file a claim once they regain their mental functions. 
• Discovery Rule: In some cases, injuries may not be immediately apparent. If your injury goes undetected for some time, the statute of limitations could begin from the date you or your doctor discovered the injury or should have discovered it.

Knowing the relevant laws in your state can help ensure you don’t miss the opportunity to seek compensation for your car accident injuries.

Why You Shouldn’t Wait to Seek Legal Help

Even when you might have several years to file a claim, several factors beyond the statute of limitations make seeking prompt medical and legal help after an accident critical to your case:

1. Preserving evidence: The longer you wait, the more difficult it becomes to gather crucial evidence. Memories fade quickly, and witnesses can become harder to track down. Physical evidence, like vehicle damage or skid marks, can be lost or degraded over time. By seeking legal help promptly, you ensure that all necessary evidence is collected and preserved to build a strong case.
2. Medical documentation: Seeking immediate medical attention ensures that your injuries are documented from the start. If you delay medical care, not only do you risk worsening your health, but you also give the insurer an opportunity to argue that your injuries are not severe or a result of the accident. Comprehensive and timely medical records support your claim and demonstrate the extent of your injuries.
3. Insurance companies: Insurance companies work in their best interests, not yours. They aim to minimize payouts and may use any delay in seeking medical treatment or legal advice to their advantage. If you wait too long, they might reduce or deny your claim, arguing that your injuries aren’t serious or weren’t caused by the accident. Engaging a lawyer early on ensures that your interests are protected and that you are not taken advantage of by insurance adjusters.
4. Subsequent injuries: If you become injured in another incident, like skiing or biking on a mountain trail, the insurance company might argue that the more recent accident caused your injuries instead of the car accident. A situation like this can complicate your claim and weaken your chances of getting fair compensation for your car accident injuries.

Acting quickly to seek legal help ensures that your rights are protected and that you have the best possible chance of securing the compensation you deserve.

Steps to Take Immediately After a Car Accident

The days after a car accident can be chaotic and overwhelming, but your actions during this critical time can drastically influence the timeline and outcome of your injury claim. Here are the steps you should follow to protect your rights and strengthen your case:

1. Seek medical attention

Your health is most important. Even if you feel fine, some injuries may not manifest immediately. Adrenaline can mask pain, and conditions like whiplash or some internal injuries may not show symptoms right away. A thorough medical examination helps to ensure that doctors promptly identify and treat any injuries. 

2. Document the accident

Gather as much information as possible at the scene, including the following: 

• Photographs of the vehicles, injuries, and accident scene.
• Contact information of all the individuals involved, including witnesses.
• The police report, which provides an official account of the accident.

3. Notify your insurance company

Alert your insurance company to the accident as soon as you can, and provide them with the necessary details. However, avoid making any statements or accepting any blame without consulting a lawyer.

4. Contact a car accident lawyer

Consulting a lawyer soon after the car accident can help you understand your rights and the steps you need to take to protect them. A car accident lawyer will also manage all communications with the insurance companies, gather evidence, and build a strong case for you.

Understanding the Claims Process

Filing a car accident claim usually involves a few key steps. Knowing the basic steps and what they may involve can take the mystery out of seeking legal help. 

When you file a car accident injury claim, your case will progress along these steps:

Initial Consultation

A consultation with a car accident lawyer will be your first step. During this meeting, you’ll discuss the details of your case, and your lawyer will provide an initial assessment before outlining your best legal options.

Investigation and Evidence Gathering

Your car accident lawyer will investigate your accident thoroughly. They will collect police reports, photos and videos, medical records, witness statements, expert testimony, and other key evidence. 

Negotiation with Insurance Companies

Your car accident lawyer will manage all communications with the at-fault party’s insurance company and negotiate with them to ensure you receive a settlement offer that fairly compensates you for all your damages. The offer should compensate you fully for all your medical expenses, lost wages or income, pain and suffering, and other damages.

The Litigation option: Filing a Lawsuit

Your car accident attorney may advise filing a lawsuit if the at-fault party’s insurance company refuses to settle your claim fairly. This process involves preparing legal documents, representing you in court, and fighting for your rights before a judge or jury.

Sometimes, taking the at-fault party and their insurer to court is the only way to secure the maximum compensation you deserve. Hiring a trial lawyer with years of experience and a record of successfully resolving claims both in and out of court can level the playing field and maximize your chances of obtaining the full compensation you deserve.

Common Concerns About Filing a Claim

“What if I Was Partially at Fault?”

Many states, including Colorado, follow a comparative negligence rule to determine liability. Under this law, you can still recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by the percentage of your fault. For example, if you were found to be 15% at fault, your total compensation would be reduced by 15%.

“I Didn’t Feel Injured Right Away – Can I Still File a Claim?”

In some cases, car accident injuries can go undetected even after a post-accident medical exam. You may still be able to file a claim for car accident injuries that were not felt or recognized until weeks or perhaps months after the accident. A

car accident lawyer can answer any questions or concerns you may have about an injury that isn’t noticed soon after your accident. 

“What If the Other Driver Was Uninsured?”

If the at-fault driver is uninsured or underinsured, you may still have options for compensation. If you live in a no-fault state or if your insurance policy includes coverage such as uninsured/underinsured motorist coverage, you may file a claim against your own insurance policy. When you are not at-fault for an accident, the claim does not typically affect your policy premium rates, but it is advisable to talk directly to your insurance company.

What is a no-fault state and a fault state?

No-fault states

Some states are no-fault states that require each driver’s insurance to cover their own injuries and losses, regardless of who caused the accident. In no-fault states, drivers must carry personal injury protection (PIP) coverage for medical expenses and lost wages or income after an accident.

Drivers in no-fault states also have a limited right to sue. Lawsuits against at-fault drivers are restricted, typically allowed only in cases of severe injuries or high medical costs.

Basic claims in no-fault states generally resolve faster since fault determination isn’t required. 

Fault states

Most states, including Colorado, are fault states, also known as “at-fault” or “full tort” states. The at-fault driver is responsible for paying all damages, including injuries, property damage, and medical bills for the other driver and their passengers.

However, the injured party may need to sue the at-fault driver to recover compensation, and they must prove that the other party was at fault. Fault states have fewer restrictions on lawsuits than no-fault states.

Proving Negligence in a Car Accident Claim

To successfully resolve a car accident claim, your attorney must prove that the other driver’s negligence caused your injuries. This involves demonstrating four key elements:

1. Duty of Care: Establish that the driver had a legal obligation to operate their vehicle safely and follow traffic laws. All drivers owe this duty to others on the road.
2. Breach of Duty: Show that the driver failed to uphold this duty. Examples include speeding, running red lights, texting while driving, or driving under the influence.
3. Causation: Demonstrate a direct link between the driver’s breach of duty and your injuries. This means proving that the accident wouldn’t have occurred had the driver acted responsibly and that your injuries were a foreseeable result of their negligence.
4. Damages: Prove you suffered actual damages due to the accident. This includes physical injuries, medical expenses, lost wages, property damage, and pain and suffering.

Backing each of these elements with strong evidence builds a solid case for negligence. 

Beware of the At-Fault Party’s Insurance Company

In general, insurance companies minimize the amount they have to pay car accident claimants. The at-fault party’s insurer may try to contact you within days or even hours after the accident. They may offer you a settlement that may seem enticing, but it almost certainly fails to cover all the damages you’re owed. 

Some of the methods they use to minimize your claim include:

Lowball settlement offers

Insurance adjusters may offer a quick, low settlement, hoping that you’ll accept it without understanding the full extent of your injuries and damages. Never agree to a settlement offer without first consulting an experienced car accident lawyer.

Delaying tactics

Insurance companies may delay processing your claim, hoping that you’ll become frustrated and accept a lower settlement. A skilled car accident lawyer can help expedite the process and keep the pressure on the insurance company.

Disputing liability

The insurance company may dispute liability, claiming that their policyholder was not at fault or that you were partially or fully responsible for the accident. An experienced car accident lawyer can collect evidence and build a strong case to counter these claims.

Talk with a Fuicelli & Lee Car Accident Attorney 

At Fuicelli & Lee, you aren’t just a client. You are family. Helping members of our community reclaim their lives after an accident is what drives us to succeed. 

We offer committed, compassionate support from the moment you walk through our door or talk to one of our attorneys on the phone. Our dedication to helping our clients through what may be one of the darkest times of their lives has helped us earn a 5-star Google rating from more than 250 clients.

To learn how Fuicelli & Lee’s team of experienced and results-driven attorneys can help you, call us at (303) 444-4444 for a free, no-obligation consultation or contact us online, and we will reach out to you.