When Is It Too Late To Get A Lawyer For A Car Accident?
By Doug Standriff on June 24, 2025
Car accidents can cause a whirlwind of stress, pain, and financial strain. The aftermath often leaves victims wondering if they should hire a lawyer and if it’s too late to do so. Navigating the legal landscape after a car accident can be overwhelming, especially when you’re trying to recover physically and emotionally.
But knowing when to hire a lawyer is important for protecting your rights and securing the compensation you deserve. We’ll discuss the key timeframes, limitations, and circumstances that can affect your ability to seek legal representation.
Time Is of the Essence
When it comes to personal injury cases like car accidents, time matters. The longer you wait to hire a lawyer, the more difficult it can become to build a strong case. A major reason to move swiftly is that the law imposes a strict deadline, known as the statute of limitations, which limits how long you have to pursue legal action. For instance, in New Jersey, you generally have two years from the date of a car accident to file a claim under the statute of limitations.
After this period expires, your ability to file a lawsuit is severely limited. In some cases, even if you have a valid claim, the court may dismiss your case, leaving you without the opportunity for legal recourse. This is why it’s always a good idea to reach out to a car accident lawyer as soon as possible after an accident to protect your legal rights.
The Role of Evidence in Your Case
One of the most important factors in a car accident case is the evidence. Strong evidence can make or break your claim. But evidence doesn’t last forever. It can disappear, degrade, or become difficult to obtain over time. Whether it’s witness statements, traffic camera footage, or physical evidence from the scene, it’s important to gather and preserve everything quickly.
If too much time passes before you hire a lawyer, vital evidence may no longer be available. This can make it more challenging for your attorney to build a compelling case on your behalf. Hiring a lawyer promptly allows them to investigate the accident, gather evidence, and secure witness testimony before it fades or disappears entirely.
Understanding Insurance Company Timelines
After a car accident, your insurance company (and the at-fault driver’s insurance company) will likely start investigating the accident right away. The insurance company will try to minimize its payout, often by offering you a low settlement early on. If you accept this offer without legal advice, you may be accepting far less than what you deserve.
Insurance companies typically expect you to file a claim as soon as possible after the accident. This means that waiting too long to contact a personal injury lawyer can jeopardize your ability to secure fair compensation. An attorney can review the insurance company’s offer and help you determine if it’s reasonable or if you’re entitled to more. With their expertise, you’ll have a much better chance of negotiating a fair settlement.
The Impact of Delaying Medical Treatment
Another factor that can complicate your case is delayed medical treatment. After a car accident, it’s vital to seek immediate medical attention, even if you don’t think you’re seriously injured. Soft tissue injuries, whiplash, and other conditions can take time to manifest, and delaying treatment can hurt your recovery and harm your case.
If you wait too long to hire a lawyer or to seek medical attention, the insurance company might argue that your injuries were not caused by the accident or were not as severe as you claim. Your attorney will help you navigate this issue by ensuring that your medical records are thorough and clearly linked to the accident. The sooner you act, the better your lawyer can protect your interests.
Factors That Affect Your Ability to File a Claim
While two years is the general rule for personal injury claims, there are exceptions to the statute of limitations that could either shorten or extend your deadline for filing a lawsuit.
- Minor or incapacitated victims: If you were a minor at the time of the accident or were incapacitated due to the accident, the statute of limitations may not begin until you reach the age of majority or recover from your injuries.
- Government liability: If your accident involves a government vehicle or entity, the time limit for filing a claim may be much shorter, sometimes just a few months.
- Wrongful death: In the case of a fatal accident, the family members of the deceased may have a different deadline for filing a claim.
This is why speaking to an attorney right away is so important. They can assess your case, identify the applicable statute of limitations, and ensure you don’t miss any important deadlines.
The Complexity of Your Case
While many car accident claims can be straightforward, others can become complex due to multiple parties being involved, severe injuries, or disputes over fault. If the other driver was uninsured or underinsured, you may need to file a claim against your own insurance or pursue a legal case against them. Additionally, if the accident was caused by road defects, defective vehicle parts, or another party’s negligence, your claim may involve multiple parties and different areas of law.
In these situations, it’s all the more important to act quickly. The longer you wait to hire an experienced lawyer, the more difficult it becomes to navigate these complexities. A skilled attorney will be able to analyze the unique details of your case, consult with experts if necessary, and ensure you pursue all avenues of compensation.
Car Accident Lawyers in Bergen County, NJ – Get the Compensation You Deserve
If you’ve been injured in a car accident, don’t delay in seeking legal representation. At Bergen Law, we’ve been fighting for the rights of car accident victims in Bergen County, NJ for over 30 years. Led by certified civil trial attorney Douglas Standriff, our experienced team, including Marissa Messinger, Esq., will expertly guide you through the complexities of your case and fight for the compensation you deserve.
We handle all types of car accident cases, from head-on collisions to speeding accidents, and our attorneys are well-versed in securing compensation for injuries like fractures, spinal cord damage, and traumatic brain injuries. Call us today for a free, confidential consultation at 201-445-4555. Time is of the essence, so don’t wait. Contact us now to get the legal help you need.