Part 1 [Part 2] Part 3

Injury Claims Q & A (Part 2)


Q. When should a claim be made and what are the time limits
involved in injury claims?

A. If you think you have a valid claim, you should file the
claim as soon as prudently possible. Generally seek advice early and
consider to find a good injuries lawyer / attorney. Get witnesses,
photos of hazards and medical reports. Most personal injury lawyers
will offer free initial consultation so you will have nothing to lose
by seeking advice early. The time limits on making a claim will depend
on jurisdiction. Many jurisdictions will use a 'Statute of
Limitations', which are rules that define periods of time after which
legal proceedings can no longer start, often 2-3 years after the date
of the injury.

UK example: In the UK legal procedures should be started within 3
years, unless under 18s or mentally impaired persons are involved. For
Asbestos claims procedures should be started 3 years from when the
claimant first became aware of the condition. Assaults and claims
through CICA (Criminal Injuries Compensation Authority) there is a
strict two year deadline.

US Example (District of Columbia): Claims should be brought withing
three years of injury date or the date injury was discovered if it was
not reasonable for the claimant to be aware of injury
immediately. Extra time is allowed if the claimant was a minor at time
of injury or had a mental impairment.

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Q. How do I find an Injuries Lawyer?

A. When looking for a lawyer, consider if they are
specialists in their field e.g. an injuries lawyer specialising in
birth injury. Consider their experience and track record, the
professional associations they belong to and the background of the
firm they work for. When you go to the initial consultation assess if
this is someone you can work with, also consider that a lot of the
time you may be dealing with paralegals (lawyers' assistants) so
assess them too. You can use ClaimsFAQ.com™ Lawyer Finder
or lawyers.com to find lawyers local to you.

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