How Soon Should You File a Lawsuit After a Car Accident?

Oct 23, 2018

If you’ve been injured in a car accident due to someone else’s negligence or carelessness, you will likely want to file a personal injury claim. However, when you should file it is a little more complicated. You can’t handle a car accident case on your own, but when exactly do you bring a lawyer into the situation? Here’s what you should know.


Maryland Has a 3 Year Statute of Limitations

The statute of limitations in Maryland is three years for personal injury claims. This means that if you wait more than three years to file your claim, it will likely be dismissed. You’ll want to file within the three year period, ideally well before the timeline is up.


But Should You File Right Away?

Filing a lawsuit right away has a few disadvantages, namely that you don’t quite know the extent of the damages you have incurred or will incur. For example, you may have an idea of how much damage was done to your vehicle and how much it will cost to repair or replace, but you may not know how much your medical bills will be. This is particularly true if you’re not finished with treatment yet.

Ideally, you’ll file your lawsuit after your physician has dismissed you and you’ve returned back to work. Then, your medical bills and lost wages can be easily calculated. However, if you were severely injured and potentially even permanently disabled, you may not reach the point of “conclusion” — either within the three year statute of limitations or ever.


In this case, you’ll want to go ahead and file but discuss with your attorney how you can work with a forensic accountant and expert witnesses to estimate what your future damages will likely be. A forensic accountant can help calculate your future lost wages, adjusting for bonuses, raises, and inflation. Expert medical witnesses can testify as to what ongoing care will be necessary and what it’s likely to cost. These numbers can then be used to calculate your settlement.


Contact Avid Law Firm, LLC Today

If you’ve been injured in a car accident, contact Avid Law Firm, LLC as soon as possible. Even if you don’t file your lawsuit right away, you do need the guidance of an experienced Maryland personal injury lawyer to guide you through the post-accident process up until you file and after. Call now for a consultation at (240) 561-7433.

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