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Is it too late to file for a personal injury claim?

It was a beautiful day at the beach. You were walking back with your bicycle when a car ran a red light and hit you. It was horrific. But it is over. It was two years ago, but your back still hurts all the time. The headaches get so bad that you have to visit the emergency room once a month. The chiropractor visits help, but they cost so much money, and your insurance will not cover them.

You heard that a personal injury claim can help cover those expenses, but it was two years ago, is it too late?

Some things to consider before filing a personal injury claim:

1. You may be able to file a claim. In South Carolina, you have three years to file. There is a 30 day initial period where the driver needs to respond, so you will want to start the process as soon as you can.

2. Filing claims take a lot of paperwork and you will want to be as organized as possible. Proper preparation could include gathering the following:

  • A medical paper trail. Did you have any medical examinations? These can be either mental or physical evaluations.
  • An insurance paper trail. How about insurance? Do you have documentation from the insurance company, like your insurance policy and any letters from them?
  • Expert witnesses statements. Did anyone see the accident? Were there any experts who gave an opinion? Try to get the names of any experts who were paid by either side in the initial fall out of the case.
  • Written questions. Were there any written questions sent initially? Questions that required answers? Do you have that documentation?
  • Dispositions. Were there any depositions? These are out-of-court testimony under oath.

3. Can you prove that you were not responsible for the accident? In South Carolina, if they can prove that you were responsible in any way, your case will be weaker, and might be thrown out.

Have you or your loved ones been a pedestrian injured by a motor vehicle resulting in continued physical injuries, mental suffering, loss of work and work opportunities?

If so, it might be a good idea to contact a person injury attorney to see if you can file a claim. If it was an injury that took place in the past, they can help you identify your options.

It's not too late. Don't let an accident in the past continue injuring your future.

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