Unless you are planning to file a lawsuit against a government employee or agency, there is no need to alert the person, you think at fault for your injuries, within a set period of time after an accident. But it never means you should dilly-dally. In fact, taking the right step – within a few days after sustaining an injury – will increase the chance of your receiving a fast and fair resolution to your compensation claim.
Giving notice does not oblige you to file a lawsuit claim. It just protects your legal rights and prevents others from claiming that your lawsuit is not fair because you took far too long to notify them about your injury. If you inform them within the specified time limit as mandated in your state, you get time to process and negotiate your compensation claim with the government agency or insurer not willing to own up to their responsibility.
Deadline for Filing Compensation Claim against a Government Agency
If a government establishment or employee is, you think, fully or even partially responsible for your accident-related injury, it’s important to file a compensation lawsuit within a very short time – from 30 days to 1 year – after the accident took place.
Failing to file a claim or include the necessary details in your claim will result in your losing the right to receive compensation forever.
Dial the number at the attorney’s office in your city and ask about the time limit for filing a claim. The allegedly at-fault party will be defending his or her stance against your compensation claim in case it is filed and will be obliged to provide you with the correct filing information.
Deadline for Filing a Compensation Lawsuit to Receive Compensation for Your Injury
If you have failed to reach a settlement with an insurer, you have an option to bring a lawsuit. But in that case, you should be in full knowledge about the “Statues of Limitations” that specify the time limit for filing a claim. If you miss the deadline, you will not be able to defend your rights of collecting compensation in court and will be compelled to give up your claim altogether.
First Thing to Do If You Want to File a Lawsuit for Your Injury
You can do several things in the first few days and weeks after sustaining an injury in an accident to preserve your legal rights to compensation claims should you decide to file an injury lawsuit.
The only way to receive a fair settlement is to file a formal claim against the at-fault party and there is no hard and fast order in which you are obliged to proceed. However, the more you stick to the following suggestions, the higher is the chance that your claim process will go on smoothly.
- Note down as much as possible about the accident, your injury and other losses including loss of earning that you have suffered in the aftermath of the accident.
- Write down the conversations between you and those involved in the accident or the compensation claim.
- Collect evidence of your physical damages and who caused the accident. If possible, take photographs and preserve those for presentation.
- Identify people who were present at the time of the accident and record their statements.
Last but not the least, you should contact a Portland injury lawyer who will assess merits in your case, recommend what to be done and represent you throughout the process of negotiation and court proceeding.