If you are in an accident, you may be interested in taking legal action against the responsible party. You must understand how long you have to take legal action. If you miss the deadline to file, you might lose your chance to recover compensation. For this reason, knowing the timeline is important because South Dakota has strict rules about when you can file a personal injury lawsuit.
How Long After an Accident Can You Sue Someone After a Car Accident?
The time you have to sue after a car accident depends on a law called the statute of limitations. In South Dakota, the law gives you a specific amount of time to file a lawsuit after an accident.
For personal injury cases, such as car accidents, you usually have up to three years from the incident date to file your claim. This means you must take action within three years of the accident, or you could lose your right to seek compensation. If your claim involves medical malpractice, the time you have to file is shortened to two years from the date of the incident.
For accident cases involving the wrongful death of a loved one, where someone loses their life because of an accident caused by someone else’s actions, you have three years from the date of death to file a claim. If you file a lawsuit against the state of South Dakota, you have only one year to do so.
It is vital to act within these time limits because once they pass, the court will likely refuse to hear your case.
Factors That Affect How Long You Have to Sue After a Car Accident
There are some factors that might affect how much time you have to file a claim:
- The Type of Claim – Personal injury cases and wrongful death claims have different timelines. Knowing which type of case applies to your situation is crucial.
- The Discovery of Injuries – Sometimes, injuries from an accident don’t appear right away. For example, you might feel fine at first but later develop pain or other medical issues. In South Dakota, the clock usually starts ticking on the date of the accident. However, there are some rare cases where it could begin when you discover the injury.
- Involvement of a Minor – If the injured person is under 18, the statute of limitations may pause until they turn 18. This gives minors more time to file a lawsuit.
Reaching out to a personal injury lawyer in Watertown, South Dakota, as soon as possible can help ensure your claim is filed within the proper timeframe.
Filing a Claim and Meeting Deadlines
When you file a claim after a car accident, the process often begins with the insurance company. You report the accident, and they review the details to determine if they will cover your damages. However, insurance companies do not always offer enough to fully cover your medical expenses or alleviate the impact of lost wages and other costs.
If the insurance company does not provide a fair settlement, filing a personal injury lawsuit might be your next step. This involves submitting your case to the court within the time limits of South Dakota law.
Prompt action is crucial, as collecting evidence, interviewing witnesses, and constructing a strong case require time. Waiting too long could make it harder to prove what happened and how the accident affected you.
What Happens If You Miss the Deadline?
Not filing your claim within the statute of limitations can result in significant consequences. Should you attempt to file your lawsuit after the provided time limitations, the court is likely to dismiss your case. This means you won’t be able to recover money for any costs or losses related to the accident.
This rule has very few exceptions, so it’s important to act as soon as possible. Even if you think you have plenty of time, starting the process early on can help avoid unnecessary stress or delays later on.
Years to File a Personal Injury Lawsuit
The three-year limit for personal injury cases in South Dakota might sound like a long time, but it can pass quickly when you are recovering from an injury. Taking care of your health should always come first, but it’s also important to remember the clock is ticking.
During those three years, you may need to:
- Collect evidence, such as accident reports, medical records, and scene photos.
- Work with doctors to understand the full extent of your injuries.
- Negotiate with the insurance company to try to reach a fair settlement.
If these steps take too long, you could risk running out of time to file a lawsuit.
Compensation You Could Recover
When you file a personal injury lawsuit, the goal is to recover compensation for the expenses and losses brought on by the accident. This may include:
- Medical Bills – This can include any medical expenses you have related to your injury. It may cover immediate expenses like surgery and medication or long-term costs like rehabilitation and nursing home care.
- Lost Wages – This will generally cover any income you lose because you cannot work after the accident.
- Pain and Suffering – The physical and emotional toll the accident has taken on your life.
For families who have lost a loved one, compensation can cover funeral expenses and loss of financial support.
Each case is unique, and the amount you recover depends on the specifics of your situation.
Why Time Limits Matter
Time limits for taking legal action are designed to give you the best chance to recover what is owed to you. Taking legal action as soon as possible ensures your case is as strong as possible.
If you’re unsure how much time you have to file a claim, don’t wait to get help. Knowing your deadlines and taking action sooner rather than later can make a big difference in your injury case.
Speak with Our Personal Injury Lawyer Today
At Turbak Law Office, P.C., we help people in Watertown, South Dakota, who have been injured in accidents caused by someone else’s actions. If you’re wondering how long after an accident you can sue, our team is ready to guide you through every step of the process. Call us at 605-886-8361 or contact us online today to get started on your case.