Go to navigation Go to content
Phone: (404) 474-0804
Jason R. Schultz P.C

Why You Should Not Delay Filing Your Personal Injury Claim

After an accident, the primary focus should be on taking care of your medical needs whether it’s:

  • undergoing surgery;
  • hospitalization;
  • follow-up doctor visits; or
  • other forms of treatment.

At the same time, if the accident was someone else’s fault, it’s important not to delay filing a personal injury claim. Consider some of the reasons you should not wait and how you can preserve your rights when another’s careless or reckless actions caused serious physical harm.

You Need to Preserve Evidence after an Accident

To be successful in a personal injury case, it comes down to evidence. By allowing too much time to pass before getting started on your case, some of that evidence could disappear. This is especially true when it comes to truck accidents. In some cases it becomes necessary to obtain evidence directly from the trucking company. Unfortunately, it isn’t uncommon for truck companies to destroy evidence after a certain period of time.

One way to prevent this from happening is through a spoliation letter. This is a notice sent to the trucking company that will remind the company that any evidence in its possession cannot be destroyed or tampered with, and that they must take reasonable steps to preserve all relevant documentation.  It may even name certain types of evidence.

In other kinds of accidents it’s no less important to preserve evidence. If you have been seriously injured, it can be difficult to gather this information at the accident scene. Returning to it as soon as possible or sending a family member or friend to collect evidence could be extremely helpful to the case. For instance, there might have been tire marks left behind or damaged property that would be helpful in establishing fault. Taking pictures of the scene, damaged vehicles and anything else of relevance is important.

Unfortunately, many people who delay filing a personal injury claim not only aren’t prepared with evidence but don’t have all of their facts together. Deciding to file a few months later and then trying to recall details of what happened the day of the accident can be difficult. So it’s best to move on everything as quickly as possible, starting with gathering and preserving evidence.

Statute of Limitations May Limit the Time Period for Filing

Another reason to not delay is the time limits for filing. In the state of Georgia, a person has two years to file a personal injury claim. In fact, delaying could raise red flags. A case that might have been settled fairly quickly could be dragged out because now the insurance company has concerns about the legitimacy of the claim.

Car Accident Claim May Be Resolved Faster

Of course, delaying the filing also delays a resolution to the case. It will take longer to receive a settlement. And since no one knows what obstacles might come up during the process, there’s the potential for the case to stretch out for months and sometimes even years.

Most people who have been injured in an accident would prefer to receive their settlement as soon as possible so they can met financial obligations. Medical bills can be paid and a damaged vehicle can be repaired or replaced.

However, one of the most important phone calls to make after an Atlanta accident is to an attorney. So if you or a loved one has sustained severe, disabling or life-threatening injuries in an accident, don’t delay finding out what can be done to protect your rights. Talk to an attorney today to learn the legal options that may be available.

Call 404-474-0804 to speak with Jason R. Schultz about the options you have to seek compensation in a personal injury claim and to avoid delays settling your claim.


Live Chat