Alaskans have a right to compensation for injuries suffered as a result of the negligent actions of another person. But there is a process to recovery that calls for getting each aspect right, including answering the question of timing.
There are two sides to answering the question of when to file a claim. On the one hand, you must understand the circumstances under which to file a claim. On the other side, you have to get the timing right. This guide looks into these aspects and is an excellent read if you intend to file a claim.
Circumstances Under Which to File a Claim
You have a right to file a claim irrespective of the damage suffered in an accident. However, filling a claim may not make so much sense. For example, if your injuries result in nothing more than a few bumps and scratches, the cost of pursuing a claim may not be worth the effort.
If you have suffered significant injuries, the decision to sue or not to sue depends on the at-fault cooperation. In some cases, you could reach a consensus, in which case filing a claim would be unnecessary. If they are uncooperative, the only way out is to file a claim.
After How Long Should You File a Claim
After Reaching Your Maximum Medical Improvement
When dealing with not-so-severe injuries, the best time to file a claim is after attaining the maximum medical improvement (MMI). Reaching your MMI does not mean that you are still recovering. It means you have reached the best level of improvement based on your doctor’s determination.
Reaching your MMI before filing a claim ensures you have all case facts ready and do not undervalue your claim. However, you must consider that some injuries can take unusually long to resolve, necessitating filing before reaching your MMI.
Within The Statute Of Limitations
The statute of limitation is the window within which complainants in a civil case can file lawsuits against a defendant. After the statute of limitation lapses, the claimant loses the right to compensation.
Alaska has a two-year statute of limitation for personal injury cases, with only a few situations where an extension is possible. In situations where you may have to file a claim before reaching your MMI, the court and your lawyer will have to depend on the doctor’s prognosis to value your damages.
When You Are Ready
“Your readiness when filling a claim plays a huge role in the outcomes of your case,” says personal injury lawyer Daniel Libbey of Libbey Law Offices LLC. First, you want to ensure that all the necessary evidence is ready and properly organized. This includes picture and video evidence, medical records, witness accounts, CCTV footage, and expert witnesses.
Secondly, get a lawyer, especially if your injuries have resulted in significant damages. Lawyers help add weight to your case in various ways, such as commanding respect, gathering evidence, negotiating a settlement on their behalf, handling paperwork, and allowing you to avoid mistakes.
Going through a claims process can feel like relieving your ordeal. So, while you want to file a claim as soon as possible, you also want to ensure you are mentally ready to handle its pressure. Sometimes, you may need psychological help before filing a claim since you can’t hold off filing forever.
Final Words
If you have involved a lawyer in your case, when to file may not be a problem since they will depend on their experience and the best timing based on your unique circumstances.