How Long Do I Have to File a Personal Injury Claim After a Drunk Driving Accident?
If you have been injured in a drunk driving accident, Pennsylvania law requires that you file a personal injury claim within two years of the incident. This deadline is known as the statute of limitations. If you miss this deadline, your claim will likely be dismissed, and you will be barred from recovery. Additionally, the insurance company will have no incentive to settle with you, meaning that you will never recoup lost wages, medical expenses, and other accident-incurred costs.
At HGSK Injury Lawyers, our Pennsylvania car accident attorneys have seen the physical, emotional, and financial damages that a victim of a drunk driving accident experiences. That is why we advocate so strongly for individuals who have been injured by the actions of a drunk driver. Even if criminal charges are pressed, you want to ensure that the driver pays for the grief they have caused you.
Potential Damages in a Drunk Driving Personal Injury Claim
A personal injury claim holds another party financially responsible for their wrongdoing. While criminal prosecution threatens to take away a person’s freedom, a civil suit forces the liable party to reimburse the victim for their losses. The circumstances surrounding the accident will determine what compensation you are eligible to receive.
Losses, or damages, may involve any of the following in a drunk driving accident claim may include any of the following:
- Ambulatory services
- Emergency room visit
- Hospitalizations
- Surgeries and procedures
- Prescription costs
- Lost wages
- Physical therapy
- Pain and suffering
- Post-traumatic stress disorder
- Permanent disability
Pennsylvania Statute of Limitations in Personal Injury Claims
In accordance with 42 Pa.C.S. §5524 (2), personal injury victims only have two years to make a legal claim. This limitation period is imposed to ensure that evidence is reliable at the time of trial. The insurance company is well aware that you only have two years to file a legal claim, so they will do everything within their power to drag out a settlement.
By hiring experienced representation, you make sure that the insurance company takes your claim seriously. The last thing you want to deal with is repeatedly being offered low settlements, only to find out that you have missed the deadline to file a legal claim.
Being a Minor or Incapacitated Tolls the Statute of Limitations
If you are under the age of 18 at the time of the drunk driving accident, the statute of limitations will be paused or “tolled” until your 18^th^ birthday. Once you turn 18, the legal “clock” will begin, with the two-year deadline ending once you turn 20 years old. Another criterion that would toll the statute of limitations is if the plaintiff is incapacitated due to the incident. The statute of limitations will resume once the injured person is deemed mentally competent. Other criteria may apply, so it is best that you speak with a personal injury attorney even if you think you missed the deadline.
Injured? Contact a Pennsylvania Car Accident Lawyer Today
If you or someone you love has been injured due to an intoxicated driver’s negligence, our legal team would like to speak with you. At HGSK Injury Lawyers, our Pennsylvania car accident attorneys have dedicated our professional lives to helping injured parties. Our dedication can be seen in the six-figure settlements and awards we have secured for our clients. If you are interested in learning the true worth of your personal injury claim, do not hesitate to contact us online or by calling (267) 551-8782.