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How long can you wait to file a personal injury claim?

Red Bank, NJ |

Should I file my personal injury claim before or after I go to the doctor, should I have a doctor's note or some sort of proof of injury before I file the claim?

Attorney Answers 6


  1. It is a good idea to receive medical treatment and have documentation of your injuries before you file suit. You can continue your treatment after the suit is filed. Consult a personal injury attorney in your state. The attorney will be able to guide you through the process. Keep in mind that you need to file a suit before the statute of limitations expires. (I believe New Jersey has a 2-year personal injury statute of limitations.)

    Disclaimer: This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.


  2. 1. File the claim immediately by hiring an experienced, local personal injury attorney
    2. Don't give any statements without your attorney
    3. Don't have any "gap" in treatment

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  3. It really depends on your injuries. You should definitely consult with an attorney if you believe that you have a viable case. It also depends on your case, generally in NJ, you have two years to file a case in State Court to be compliant with the Statute of Limitations.

    If you would like to discuss it in greater detail please feel free to contact me offline.

    jvasquez@floriokennylaw.com

    This response is not legal advice and should be considered as attorney advertising. No attorney client relationship has been formed based on this response.


  4. Depending on where you reside, you may have one, two or more years to file a personal injury claim. I always recommend that one be a patient before becoming a client of an attorney. This is particularly true if there is a need for immediate medical care and delay may cause further harm to your body.

    As for getting a "note" from the doctor, that should not be required, as the medical doctor probably has created a records chart and can write a written report for your attorney once you have completed your treatment. That report can address diagnosis and prognosis.


  5. You should hire an attorney immediately to represent you and allow him or her to file the claim since he or she will have the expertise to handle you claim from start to finish in such a manner that probably will increase your settlement or not impair you case if litigation is necessary.

    This is not legal advice just information and no attorney client relationship arose from sharing this information.


  6. Although a number of attorneys tried to answer this question, it appears that only one actually was licensed in New Jersey. As my NJ colleague noted, the most important thing to know is there is a two year statute of limitations for filing a personal injury claim, with very limited exceptions. That is the most important thing to know right now. Also, if your accident involved a public or governmental entity, you MUST file a Tort Claim Notice within 90 days of the accident. You don't necessarily need medical information when you file your claim, but you will need some proof in order to show you sustained a permanent injury.

    I recommend you speak with an experienced personal injury attorney to discuss your case. I would be more than happy to speak with you if you wish.

    If you think this post was helpful, please check the “thumbs up” below! NOTE: This answer is made is for advisory and/or educational purposes only. By using or participating in this site, or posting a question and obtaining an answer, you understand that no attorney-client relationship is being established between you and the answering attorney, and there is no attorney-client privilege between you and the attorney. You should consult with a licensed professional attorney in your state. The law changes frequently and varies from state to state. The information provided in this answer is designed to be general in nature and is based on the facts stated in your question, and might change based on further information.

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