According to San Diego car accident attorney Emery Ledger of Ledger & Associates, he frequently gets telephone calls or consultations with San Diego car accident victims that originally thought they weren’t seriously injured or that didn’t know what to do about their injuries and therefore didn’t seek legal assistance right after their San Diego car accident happened. They are understandably worried about whether it is too late to do anything about their injuries and damages. While it is not necessary to file a lawsuit immediately after a car accident happens, there are a number of reasons that it is advisable to start the process as soon as possible after your car accident happens. Don’t despair however; if you didn’t so, chances are that it may not be too late.
The first issue to consider in determining whether too much time has elapsed is exactly when the accident happened. Under California law, there is a two year statute of limitations for personal injury lawsuits to be filed in most cases. What this means, in most cases, is that if you intend to file a lawsuit for a car accident case, it must be filed within two years after the date of the accident. It does not have to be settled or tried within that time period, just filed. If you are still within the two year time frame, then you may still be able to file a claim or lawsuit. Be aware, however, that if you are filing suit against a government entity or municipality that you must file a notice of claim within 180 days of the incident. In that case, you do not have the usual two year time period and could lose your right to recover if you miss the deadline.
There are other issues that may present problems if you wait to pursue your car accident case as well though. Often times, if you did not seek medical help immediately after the accident, it may be difficult for your car accident attorney to prove that the injuries you have are a direct result of the car accident, according to San Diego car accident attorney Emery Ledger of Ledger & Associates. It is always best to be evaluated immediately after a car accident so that there is a clear cause and effect established for any injuries that you suffered. Additionally, even if you were seen by a physician immediately after your car accident, but didn’t follow through with treatment, you may have some issues as to your part in the healing process. Maybe you had problems finding a doctor to treat you or maybe you couldn’t get your employer to give you the time off of work to go to your scheduled therapy or doctor appointments. These may be valid reasons why you couldn’t continue tour follow-up care.
There may also be evidence that is more difficult to obtain after a lapse of time. Witnesses can disappear, accident scenes can change with time and the opportunity to investigate any problems with vehicles is lost. These issues, however, do not mean that you have lost your chance to file a car accident claim or lawsuit, says San Diego car accident attorney Emery Ledger. It is always better to start the process as soon after an accident as possible, but that old adage “better late than never” applies to car accidents. If you have been injured in a San Diego car accident, and are worried that you have waited too long to file a case, call experienced San Diego car accident attorney Emery Ledger of Ledger & Associates for a free detailed evaluation of your situation. He will be able to tell you whether you are still able to recover for the injuries that you sustained in your car accident. He can be reached at 1-800-300-0001 or online at www.ledgerlaw.com.
