When you get injured in a car accident, it is best to hire a car accident lawyer right away. But, what if you didn’t? What if it has now been weeks, months, or years since the collision? In this scenario, is it too late to get a car accident lawyer?
Determining if you still have time to hire a car accident lawyer requires a clear understanding of your legal rights—and this itself requires legal representation in many cases. With this in mind, if you have questions about your legal rights, you should not hesitate to contact a lawyer for a FREE consultation. If it is too late, your attorney will let you know—and you will be out nothing. If it is not too late, your lawyer will be able to get to work immediately seeking fair compensation on your behalf.
Before diving into the factors that may indicate your opportunity to recover compensation has passed, it is important to emphasize that these are general guidelines, and not intended to prevent you from contacting a lawyer to discuss your case for free. For example, there are exceptions to Wisconsin’s general three-year statute of limitations for personal injury cases. An attorney will listen to the unique details of your case and explain your rights and legal options.
With this in mind, when might it be too late to hire a car accident lawyer to help you? There are three primary scenarios:
Wisconsin has a three-year statute of limitations for personal injury claims, including claims involving car accidents. As a result, if it has been more than three years since your car accident, you may have lost your right to seek compensation for your accident-related losses. Once the statute of limitations expires, you can no longer file a lawsuit in court—and this means that you can no longer force the insurance companies to pay.
As we said, this is the statute of limitations for personal injury claims. If you have a wrongful death claim for a fatal car accident, you must file your claim within two years of the date of your loved one’s death. While there are exceptions for both types of cases, these exceptions only apply in certain specific circumstances (i.e., in cases involving injuries to children under age 18).
One of the keys to filing a successful car accident claim is being able to prove that your injuries are accident-related. This requires medical records from shortly after the accident. If you didn’t seek treatment for your injuries, the insurance companies will argue that you can’t prove your injuries are accident-related—and they may have a valid point.
With this in mind, just as you should speak with a lawyer as soon as possible after being injured in a car accident, it is important to seek medical attention as soon as possible as well. Even if someone else is clearly responsible for your losses, if you can’t prove it, your lawyer won’t be able to recover the financial compensation you deserve.
If you have already accepted an insurance settlement, you may have waived your right to seek additional compensation. In this scenario, it may be too late to hire a car accident lawyer as well. Even if you didn’t realize it at the time, if you waived your right to take further legal action, there may be nothing a lawyer can do.
To be clear, these are not the only scenarios in which it could be too late for a lawyer to help you. For example, if the evidence needed to prove your legal rights has disappeared, a lawyer may not be able to help even if you technically still have time to file. As a result, if you need help, it is important to contact a lawyer promptly—as this will give you the best chance of recovering the financial compensation you deserve.
While car accident victims can lose the ability to file a claim in some cases, it is important not to make any assumptions about your legal rights. They are simply too important. Instead, you need to ensure that you are making informed decisions, and this means talking to a lawyer promptly.
Talking to a car accident lawyer costs nothing out of pocket. If you are facing medical bills, lost wages, and other accident-related costs, you need to know that you are making the right decisions, and this means that you need to speak with an attorney who can help you.
Our law firm has built a reputation for excellence in Wisconsin. We understand the hardships you may be facing after a serious injury and we are committed to helping you recover the full and fair compensation you deserve for your losses.
Contact the attorneys at Boller & Vaughan today online or at (608) 268-0268 for a FREE case evaluation. We proudly serve clients in Madison and throughout Wisconsin.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.