Mistake #6
Waiting too long to seek legal help
Too many people have told us they wished they had acted sooner, before important deadlines had passed or witnesses had moved and could no longer be found. Almost every kind of action that can be brought has a deadline, which prevents someone from bringing that claim after a certain period of time. This is known as the “statute of limitations.” There is a statute of limitations on every personal injury action. It is a tool to force plaintiffs to either settle their case or file a lawsuit by a certain date. The statute of limitations is important, because it prevents someone from suing a defendant 25 years after a crash that should have been handled within two years. The limitation allows defendants to move forward without worrying that they will be sued many years later, and it increases the likelihood that witnesses and evidence will still be available.
Your deadline can be affected by the details of your particular case. The statute of limitations for personal injury cases in Idaho is typically two years from the date of the accident. If your claim involves any type of governmental entity (city, county, state, national) there are specific notice and filing deadlines within 180 days of your accident with which you must comply. Understand, we’re not just talking about disputed cases. Even when the government admits it is at fault, the proper paperwork must be filed within 180 days of your accident. Even when everybody agrees the injury was severe or the government admits it caused the death of an innocent person through its own neglect, the proper paperwork must be filed within 180 days of the accident.
The reality is that a statute of limitations works to the benefit of the defendants and against the average person who is the victim of another’s reckless actions. Do not rely on the insurance adjuster to give you the statute of limitations deadline for your specific case. Most are unaware of the different deadline requirements. Therefore, it is crucial that you contact an attorney as soon as possible to avoid missing your statute of limitations. Do not wait until the eleventh hour! If you walk into an attorney’s office one month before the statute of limitations runs out on a serious injury case, the attorney may not be willing to accept the risk of researching the case and filing the lawsuit before the time limit is up. There are too many i’s to be dotted and t’s to be crossed in that short amount of time.
Remember, filing a claim with the insurance company is not the same as filing a lawsuit. If you have not filed a lawsuit within the statute of limitations, you will lose your right to settle your claim. Statutes of limitations must be considered and applied on a case-by-case basis. It is vital for you to understand that there are statutes of limitations that require you to file an actual lawsuit in Idaho Court to preserve your case. You should discuss the timing of your case with an attorney.