Filing a personal injury claim will require you to gather evidence to support your case and prove that the negligent party is responsible for damages caused by the accident. This can become a time-consuming process, especially when you have to focus all your energy on recovering from your injuries. However, our team of personal injury attorneys in San Diego always advise that you file a claim right away with the insurance company. Why? Here are five reasons that will convince you to act immediately:
Reason #1 — The Statute of Limitations
In other words, time restraints take effect the moment you get into a serious accident. In California, you have two years to file a claim or lawsuit after the incident occurs. This means that time is working against you, so you should consider taking legal action immediately. Keep in mind that even if you don’t decide to pursue a lawsuit, you may be better off filing a claim early on so that you can take additional legal measures down the line if necessary (before the statute of limitations has yet to expire).
Reason #2 — Maximizing Your Settlement
Filing your claim immediately will ultimately set you up to maximize your settlement with the insurance company. An experienced personal injury attorney will know how to calculate and ascertain the entire financial fallout you will experience because of your injuries. Remember, filing your claim early does not mean that you are losing out on any compensation. Instead, you are giving yourself more time to present a clearer picture of the damages you sustained from the accident.
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Reason #3 — Achieving Optimal Medical Improvement
You need to determine at what time you expect to achieve optimal medical improvement (i.e., when you expect to return to 100% health). Ideally, you should work with a doctor to determine the amount of time necessary to diagnose and recover from your injuries. Keep in mind that you don’t have to agree to the very first settlement offer that you receive. You have nothing to lose by initiating the claims process early on while also going through medical treatment simultaneously.
Reason #4 — Avoiding Court
The earlier you file your insurance claim, the more time you are affording yourself and your legal representation to negotiate a settlement. This way you have enough of a buffer to avoid going to court. Filing a lawsuit should never be your first option; bide your time and have your personal injury attorney in San Diego build a case that will force the insurance company to settle out of court.
Related post: 5 Personal Injury Claim Myths Debunked
Reason #5 — Extensions Are Rare
After the statute of limitations expires, you still have a chance of petitioning for an extension to the deadline. However, the courts are very reluctant to grant these extensions and will only offer exceptions for certain situations. For example, medical incapacitation can potentially prevent you from filing a claim or lawsuit, in which case the court system will likely grant you an extension.
Related post: How Does the Personal Injury Claim Process Work?
Hire an Experienced Personal Injury Attorney Today
The legal experts here at HHJ Trial Attorneys are the right people for the job when it comes to filing personal injury claims or lawsuits. We serve a wide range of clients throughout San Diego, ensuring that Californians can recover the compensation that they rightly deserve. If you need help negotiating a settlement with the insurance companies, then feel free to schedule an appointment with one of our experienced attorneys today!
Testimonial from Dylan, Satisfied Personal Injury Client
When my family was affected by an auto accident, I reached out to HHJ Trial Attorneys. I learned they were highly recommended and respected amongst their peers. HHJ treated my family as their own from the very beginning. From start to finish they maintained constant communication with us and ensured we were in good care. I don’t wish anyone ever has to experience a hardship of which attorneys are needed, but if you do I strongly encourage you to call HHJ. Special thanks to Mike Hernandez and Shelby Cardoza for being there for my family when we needed it most. True professionals.
