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My Accident Injuries Just Showed Up, Is It Too Late to File a Claim?

My Accident Injuries Just Showed Up, Is It Too Late to File a Claim?Oftentimes when accidents occur the parties involved fall victim to adrenaline and shock. When this happens our bodies work in overdrive to stave off pain and rational thought. This can lead to the masking of injuries.

However, as days and weeks go by, injuries may start to show themselves. It may eventually sink in that the injured party should let the insurance company of the at-fault party know that there were, in fact, injuries sustained due to their insured’s negligence. But, is it too late?

This is a good time to call your Northglenn personal injury attorney. It’s important to find out what damages you’re entitled to and how you can go about getting it, by someone who is advocating for you. 

How Much Time Do I Have to File My Claim?

Every state has its own rules when it comes to the statute of limitations for filing claims. These limitations delineate the amount of time a victim has to prosecute a crime committed against them. For instance, if you were in a car accident and it was someone else’s fault, the state has a time period in which you can seek damages. 

Why is this important? Primarily due to evidence and human error. If there’s a long period of time between the accident and the prosecution of it, evidence can easily disappear or be tampered with or compromised in some way. And witnesses will eventually forget or reimagine how the event took place, which will harm the integrity of the case. 

 

Colorado Statute of Limitations

Depending on the crime committed, a civil action has a statute of limitations ranging from one to three years in Colorado. If the claim involves a motor vehicle accident, you generally have three years to file. So, if you’re involved in a car accident on January 1, 2021, you may have until January 1, 2024, to get your case filed. 

If you are involved in any of the following non-fatal personal injury accidents that are NOT an auto accident, you have two years from the date of the accident to file your claim in most cases. These consist of:

•   Workers compensation and construction accidents

•   Medical malpractice

•   Slip and falls

•   Premise liability

•   Ski accidents and other traumatic injuries 

When filing a wrongful death claim, Colorado’s statute of limitations is two years unless the responsible party is convicted of vehicular homicide and left the scene of the accident, in which case, you have four years to file your wrongful death claim. 

In order to find out the exact steps to take, seek out a Denver personal injury lawyer who can help you. Even if you have no plans to file anything immediately, understand the course of action you will need to take and how much time you’ll have to take it, should you decide to take action in the future. 

 

I’ve Exceeded the Statute of Limitations to File My Personal Injury or Wrongful Death Claim

If your claim time has expired, the at-fault party can use this in their defense, so it’s important to find out all you can as soon as you can regarding your claim, damages, and rights. There are cases in which you can get compensation after the statute of limitations has passed, but that’s not something you can easily take care of on your own. 

Having an experienced injury attorney that knows your legal rights will help you navigate the legalities around your personal injury or wrongful death claim. After an accident, the quicker you speak to an attorney, the better position you’ll be in when it comes to protecting your rights and getting compensation. 

Hull & Zimmerman is here to help you. Contact our Northglenn personal injury attorneys for more information. Proudly serving North Denver, Northglenn, Westminster, Thornton, Commerce City, Arvada, and Broomfield.

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At Hull & Zimmerman, P.C., we are honored to help accident victims in their time of need, and take our responsibility as personal injury lawyers incredibly seriously. We know how important it is for victims to secure the full and fair compensation they need following a serious accident, and that is why we take a hands-on, personalized approach to every case we handle.

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