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Is It Too Late to Get a Car Accident Lawyer?

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.

When it Might Be Too Late to Get a Car Accident Lawyer 

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: 

1. It Has Been More Than Three Years Since the Accident 

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). 

2. You Didn’t Seek Treatment for Your Accident-Related Injuries 

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. 

3. You Accepted an Insurance Settlement 

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. 

You Should Not Make Any Assumptions About Your Legal Rights 

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. 

Request a FREE Consultation with a Car Accident Lawyer in Madison, WI

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.