After a car crash, filing an injury claim can provide you with much-needed compensation to cover the cost of medical treatment and other losses directly associated with your injuries. However, you do not have unlimited time to file your claim. The Wilmington car accident statute of limitations governs the time you have to file a claim for the injuries sustained in your collision. In Delaware, you have two years from the initial date of the crash to file a claim.
Exemptions to the Statute of Limitations
While the statute of limitations does prevent injured individuals from filing a claim more than two years after the date of the collision, several exceptions exist that can extend the time available to file a claim.
Injuries to Minors
Delaware, like many other states, offers provisions for minors who suffer injuries. While minors’ parents can file a claim on their behalf after the injury occurs, minors cannot start their own court case until after their eighteenth birthday. Delaware provides three years after a minor’s eighteenth birthday for them to file a claim.
Mental Incapacity
In some cases, injuries may prevent the defendant from moving forward with an injury claim, particularly if they suffer mental incapacity as a result of those injuries. When injuries cause mental incapacitation, it may toll, or temporarily pause, the statute of limitations to give the injured individual more time to file a claim.
How the Car Accident Statute of Limitations Can Impact a Claim
The statute of limitations in Wilmington serves as a strict requirement that prevents injured individuals from filing a car accident claim after a certain point, unless they have an exception that can allow them to move forward despite the time that has passed. That does not mean, however, that injured individuals should wait until close to the statute of limitations to file a claim. They should begin the claim process as soon as possible to increase the odds that they will successfully collect the evidence needed to present a comprehensive claim to the liable driver’s insurance company. Furthermore, filing the claim early can provide the injured party with the compensation they need for the damages sustained when they need it most.
Discuss the Car Accident Statute of Limitations With a Wilmington Lawyer
Whether you recently suffered injuries in a car crash or fear that the Wilmington car accident statute of limitations has expired, a lawyer can review your rights and provide you with more options. Sometimes, a lawyer can identify an exemption to the statute of limitations allowing you to file a claim even if considerable time has passed since your auto collision. Reach out to Doroshow, Pasquale, Krawitz, & Bhaya today to discuss your claim.