Lawsuits - Claims
When Does A Claim Exist?
"When does a claim exist?" is a question that often arises for people who have been injured in a car or other motor vehicle accident. That question actually addresses two issues, so let's review both.
Lawsuits & Insurance Claims
This two different questions are:
- 1. Do I have a claim?
- 2. When should I make or file the claim?
Do I have a claim?
Technically, a claim comes into existence the moment someone becomes civilly liable to a person. In the context of an auto accident case, once someone has negligently, (or recklessly or intentionally for that matter) caused an accident, a legal claim exists. Anyone involved in the accident would have a legal claim generally speaking. However, simply because someone has been negligent, does not mean that a viable claim exists or, in other words, that a claim should be made. For example, if someone were to bump into the back of your car, but it was just a tap that was barely even noticeable and absolutely no damage was done, a claim technically exists. However, since there is nothing to recover, as a practical matter, there is no use in making a claim because the offending party, while legally responsible, would not have anything to repay. Another way to think of it is: Is it worth while suing somebody and winning, but winning nothing.
damages in a claim
The most important factor when deciding when a claim exists, then, is damages. Once an Iowan has been the victim in an auto accident and has incurred damages such as an injury to her person (personal injury) then a viable claim exists. So the most practical answer to the question is:
A: A claim exists when you have suffered an injury.
A claim also exists if an Iowan incurs some other damage such as damage to her vehicle. However, a personal injury constitutes the most valuable part of any claim in an auto accident and is often the determinative factor when deciding whether to retain an attorney. So, the best rule of thumb is, if you have been injured and it is even partially someone else’s fault, you likely have claim worth pursuing.
when do i file to recover for my claim?
The second part of the question is entirely different. When a claim comes into existence and when you make or file or claim are two completely different matters.
general rule for filing claims
The general rule of thumb is:
When you know the extent and cost of all of your damages, or can reasonably predict the extent and cost, it is likely time to move forward with a claim.
However, only an experienced injury attorney can know for sure what the proper timing and method of making any particular claim is. To contact an attorney to discuss the timing of your potential claim, please click here or ASK AN ATTORNEY online. To read more about the claim process click here. To learn more about the process and timing of a law suit click here.
See also: Medical Costs Affect Claim Values
Accidents & Injury Information From Our Library
