Notice of Injury

If you’ve been injured in an accident it helps to know about something called “Notice of Injury.” Generally, in negligence claims such as motor vehicle accidents and slip-and-fall accidents, there is a three-year statute of limitations for filing a personal injury lawsuit, although there may be some variations that can affect that timetable. For example, if a latent injury that couldn’t be detected until some time after the accident, the three-year time limit may not start to run until the “discovery date.” If you or someone you know is injured, it’s important to immediately check with an attorney to find out the appropriate statute of limitations affecting your situation.

There also may be certain notice requirements or presentment requirements prior to the expiration of three years. For example, in certain claims against some government agencies, there may be an obligation to notice and\or present to them much earlier than the three years. This earlier notice requirement and\or presentment requirement varies with each particular type of claim. There may be the need to include certain factual allegations or legal standards which have to be included in the earlier notice and\or presentment requirements.  Because certain entities, governmental or not, have this added protection, it is imperative that an injured party speaks to an attorney as soon as possible to verify the applicable statute of limitation and then determine whether there is an earlier notice and\or presentment requirement.

The bottom line is that it is important for an injured individual to pay attention to this three-year notice of injury window. State laws related to it may apply whether you decide to file a lawsuit or pursue an insurance company settlement. A good attorney experienced in personal injury law can make the difference between getting a fair and timely settlement and missing your window of opportunity.