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Timing Your Personal Injury Lawsuit

When you or a loved has suffered an injury due to someone's else's actions, it is normal to feel anger, a sense of urgency, and the need to immediate action against the parties responsible. Conversely, other victims are unsure what action to take and if they are ready to commit to a legal action. Both of these reactions are extremely common, but for all personal injury suits, the timing the filing is a critical factor, and filing too late, or too early, can stunt and even invalidate a claim.

Filing too late is never advised. In Texas, the statute of limitations for personal injury claims is two years from the time of the injury. That may seem for a lot of time, but for many victims and their families, this time can pass quickly—especially when victims only realize there have been lasting effects of their injury well after the date of the accident.

However, filing an injury claim too early can also be detrimental. The key factor here is maximum medical improvement, or MMI. MMI is a term used often in workers' compensation and insurance claims, but, in fact, is important in all personal injury suits. When an injury victim has reached MMI, it means that they have recovered the optimal amount from their injury and that the cost of their injury and their ongoing care, if any, can be accurately estimated.

Filing before MMI is reached can negatively affect a suit several ways:

  • It can exclude any unforeseen effects of your injury from your suit.
  • It can limit the time medical professionals have to evaluate your condition.
  • It can make the compensation demanded inaccurate and not cover the victim's needs.

Ensure Your Claim is Filed at the Right Time

Making sure that your personal injury claim is filed at just the right time may seem like an added uncertainty for the victim-- which is why your filing should always be handled by a skilled and vigilant Bakersfield personal injury attorney. While it may be prudent to wait to file suit, getting in touch with counsel as soon as possible can ensure that not only your claim is filed at the proper time, but that it accurately addresses the scope of your injuries and demands the compensation you need to move on with your life.

At the Law Offices of Craig A. Edmonston, our dedicated attorney has not only nearly three decades of personal injury experience, but has recovered millions of dollars on our clients' behalf. If you or a loved has been hurt, then we invite you to call our firm today.

Contact us to schedule a free case evaluation now.

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