When should you sue after a car accident?


Getting into a car accident is definitely not something anyone looks forward to. On the contrary, it would be nice to know that accidents never happened, but they do. And when they do, they carry with them a series of consequences that can go from damage to your property to causing an injury, and even preventing you from being able to go back to work, among others.

Is there a time limit to file a claim after a car accident?

Oregon’s statute of limitations dictates that you have two years from the day the accident happened to file a lawsuit. If you take longer to present your lawsuit, the Oregon court system will refuse to hear it. Also, the other party’s insurance company will likely disregard your claim as well, denying you any compensation.

What will your personal injury attorney look at before accepting your case?

Why did the accident happen and who was responsible for it?

Your lawyer will want to find out not only how and why the accident took place but also whether you were partially responsible for it and share some of the liability. Determining this is important when analyzing whether you are entitled to receive any compensation. If you are found to be 51% responsible for what happened, you will be unable to collect any money from the other party, no matter your injuries.

What injuries did you suffer and what is their extent?

If your lawyer determines that the nature or extent of your injuries is not serious enough, it may not be worth it for you to file a claim. Why? Because sometimes the costs of collecting all the evidence would represent may end up being higher than any compensation you might be able to claim. Add to that the cost of developing testimonies to corroborate your case and there is no point in the lawsuit at all.

Is it economically viable to pursue this case?

Most personal injury lawyers in Eugene, Oregon, will accept your case on a contingency basis. Meaning that they will not get paid unless the case is won. Nevertheless, this does imply quite a bit of work for them and it is important to consider not only their time and effort but the estimated costs you are likely to recover. Let your attorney do their job thoroughly and make an informed decision whether it’s worth both their and your time pursuing this case.

Are you still within the time limits marked by the statute of limitations?

As mentioned above, you have a window of two years from the day the accident happened to file. If this time has already gone by, no attorney will take on your case. But you should also know that if the lawsuit is against a government entity the window shortens to 180 days.

We Are Open During COVID-19 and Continue to Service Our Clients

As car accident lawyers in Eugene, Oregon, we have been able to continue working remotely thanks to current technology and cloud security without interrupting our client’s cases. When you are ready to file a lawsuit for your car accident, we can easily offer you a free consultation either through our website portal, via online chat, or by phone. Your health and safety, as well as that of our staff, is our top priority. Reach out to us today to get started.

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