Introduction
Both physical and emotional trauma can linger long after an injury. Many people deal with the repercussions of an old injury much more well after the date of the occurrence. There is a relevant concern that comes to mind: Am I able to file a suit for my injury? It is beneficial for anyone thinking of pursuing a suit after an injury to understand the laws regarding injuries that are years older. This article will cover the details on how lawsuits for old injuries work, the necessity of medical record retrieval, and how lawyers can deal with old injury cases.
The Statute of Limitations in Personal Injury Claims
What is the Statute of Limitations?
The period of limitation is a law that specifies the period within which a legal action can be initiated after an event has taken place. This duration varies with the nature of an injury and from state to state. For instance:
• California: In general, you can file a claim not later than two years from the date the injury occurs.
• New York: The period of limitation is also three years when it comes to personal injury claims.
Navigating this time frame is fundamental to understand because if you don’t submit your filing within it, you can lose the opportunity to be compensated.
Exceptions to the Statute of Limitations
There are several exceptions that may extend the statute of limitations, including:
- Discovery Rule: In the event that the injured party did not know of the injury till after the limitation period is over, it may still be possible for a claim to be filed. This may happen, for example, when the injured person develops some ailment many years after the physical accident.
- Age of the Plaintiff: If the party who got hurt is a minor, then the limitations period may be initiated when he or she attains adulthood.
- Unavailability of the Defendant: If the party who is being accused is out of the state, or otherwise not present, the statute may be stopped and will commence later when the defendant comes.
How to File a Claim for an Old Injury
Hire a Personal Injury Attorney
A personal injury lawyer is essential when it comes to filing a claim for an old injury because of the many moving parts that exist. They can help guide you through everything from the statute of limitations to any exceptions as well as tell you what should be done next.
Gather Evidence
To build your case setting up evidence is important. This can entail any of the following documents:
• Medical Records: Keeping an account of how the injury occurred and the treatment received is very important. Medical records have the capability of establishing the seriousness of the injury and its consequences on your daily activities.
• Witness Statements: Any witness present at the scene of the event may support your argument with their statements.
• Photographs: Any photographs which were taken in the vicinity of the event able to support the claim concerning the injury should be provided.
Seek Medical Treatment
In the case that you find an injury that dates back some time, it is essential to seek the assistance of a medical specialist. Not only does this enhance the healing process, but also it helps to keep a record of the injury which is vital for the claim to be processed.
Do You Need a Lawyer to File a Claim for an Old Injury?
While it is possible to file a claim without legal representation, having a lawyer significantly increases your chances of success. A personal injury attorney can:
- Evaluate Your Case: They are capable of reviewing the reasons that brought about the injury and state the most appropriate way of seeking compensation.
- Negotiate with Insurance Companies: Lawyers are used to bargaining with insurance providers such as insurance adjusters and can invite them to settle the issue in an amicable way.
- Derive Legal Representation: A lawyer provides you with an opportunity of competent legal representation so that you are not legally disadvantaged during the trial.
Case Studies
Case Study 1: John’s Old Injury Claim
Description: One of the patients is John, a 45-year-old gentleman who works at a company and sustained a workplace injury in the form of a back injury five years back. He did not receive treatment immediately but later on began experiencing chronic pain.
Challenges: John had a hard time establishing the relationship of his past injury with his current condition. The insurance company opposed the claim on the basis of the long duration that lapsed after the occurrence of the incident.
Solutions: During the medical record review, it emerged that he had been treated for back pain soon after the accident and this was noted in the medical record. This information proved an association between the injury and the current condition.
Case Study 2: Lisa’s Delayed Diagnosis
Description: A 30 year old woman, Lisa has been involved in a car accident three years back. At that time, she did not unfortunately; report any injury, however, later on complained of constant headaches and severe dizziness.
Challenges: It was Lisa’s difficulty that her symptoms were the result of the accident as there was no medical attention sought immediately following the accident.
Solutions: A review of the medical records revealed a diagnosis of concussion which was made months after the accident. The review further illustrated her symptoms over time, and corroborated the argument that the injury was a result of the accident not leading to immediate symptoms.
Conclusion
While legal action may be taken for previous injuries, the procedures are relatively more intricate. It is equally important to remain informed about protective measures. The review of medical records, the excusable time limits and, in some cases, the statute of limitations is all worth consideration. With the guidance of a personal injury advocate and after sufficient proof is collected, the treatment of the old injury is possible.