The timing of your car accident claim in Vermont matters for many reasons. Of course, you want to get your money as quickly as possible because you have a financial need for it. The legal process can take a considerable amount of time, and you do not want to be the reason for any delays. You are also operating against a legal backdrop called the statute of limitations. This law imposes a deadline on the amount of time that you have to file a car accident claim. Missing this deadline without being able to show that one of the few and tightly construed exemptions applies will be fatal for your car accident case.
What Is the Statute of Limitations in a Vermont Car Accident Case?
The statute of limitations in Vermont is three years from the date that you were injured. In this respect, Vermont law is more favorable to plaintiffs than statutes in other states that impose a shorter deadline for personal injury lawsuits. The statute of limitations exists as a matter of fundamental fairness to defendants. It would be unfair to them for plaintiffs to be able to file a lawsuit many years in the future when the defendant has lost access to evidence that could help them defend against your case.
Most often, the statute of limitations begins to run on the date of your car accident because that is when you realize that you were injured. There is a limited exception that applies when you do not know that you were hurt at the time of your accident. For example, you may have sustained a whiplash injury that did not show symptoms for some time after the accident. Then, the statute of limitations starts when you first begin to notice symptoms. The discovery rule only helps when you took reasonable steps to learn about your injuries. If you notice symptoms, but you did not seek medical treatment, the discovery rule will not help you because you should have known that you were hurt.
The Statute of Limitations Is a Strict Deadline
If you do not file your claim ahead of the expiration of the statute of limitations, you will not get your day in court. A judge does not have the power to hear any case that is filed past the expiration of the statute of limitations. The sole issue that they will consider is whether you really met the deadline and whether there are any exceptions that could excuse the failure to meet it. Unless you can persuade a judge that you either did not miss the statute of limitations, or that there was an excusable reason for it, they will dismiss your case without even hearing it on the merits.
You Should Not Wait Three Years to Begin the Legal Process
Just because Vermont law gives you a certain amount of time to file a car accident claim does not mean that you should wait that long to begin the legal process. In fact, you should hire a lawyer immediately after the car accident so that they can begin work on your case. If you wait too long to hire a lawyer, you may find that many attorneys do not want to work with you at all. A long delay in hiring a lawyer means that you have lost crucial evidence needed to prove your case. It certainly gives you more of an uphill battle to achieve success in the form of full financial compensation.
Vermont Car Accident Lawyers at Kramer Law, P.C., Are Ready to Assist With Your Claim
Since time is of the essence after a motor vehicle crash, you should immediately speak to the Vermont car accident lawyers at Kramer Law, P.C. We can work to put you in a position where you can file a car accident claim when you are ready. Call us at 802-257-2221 or contact us online to schedule a free consultation. Our office is located in Brattleboro, VT, and we serve clients in the surrounding areas.
