Why You Shouldn’t Delay Filing a Personal Injury Claim

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Accidents happen when we least expect them, and when they do, they can leave a trail of physical, emotional, and financial turmoil in their wake. If you’ve suffered injuries due to someone else’s negligence, it’s essential to understand the importance of filing a personal injury claim promptly. Delaying the process can have severe consequences on your ability to seek compensation and achieve justice. As a personal injury attorney at David M. Kennedy Law, I’ve witnessed firsthand the critical reasons why you shouldn’t procrastinate when it comes to filing a personal injury claim.

Preservation of Evidence

One of the most critical reasons not to delay filing a personal injury claim is the preservation of evidence. Evidence can be pivotal in proving fault and liability. Over time, crucial evidence can disappear, get damaged, or degrade. Witness memories fade, surveillance footage is overwritten, and physical evidence may be lost. By initiating your claim promptly, you increase the chances of preserving crucial evidence that can strengthen your case.

Statute of Limitations

Every state has a statute of limitations that sets a strict deadline for filing personal injury claims. Once this deadline passes, you lose your right to pursue a claim altogether. The time limit varies from state to state and depends on the type of injury or accident. Failing to file your claim within the statute of limitations can result in the complete forfeiture of your right to seek compensation. It’s crucial to consult with an attorney as soon as possible to determine the relevant deadline for your case.

Prompt Medical Attention

Another essential reason for not delaying your personal injury claim is related to your health and well-being. Seeking prompt medical attention after an accident is essential to assess and treat your injuries effectively. Delaying medical treatment can lead to worsened conditions, prolonged recovery times, and increased medical expenses. Filing your claim promptly ensures that you have access to the compensation you need to cover your immediate and future medical expenses.

Witness Credibility

The credibility of witnesses plays a crucial role in personal injury claims. People move, change jobs, and may become more challenging to locate as time passes. Witness statements are most valuable when they are obtained shortly after the accident while memories are still fresh and details are clear. By delaying your claim, you risk losing the ability to obtain crucial witness statements that could support your case.

Investigation and Evidence Gathering

Effective investigation and evidence gathering are essential components of a successful personal injury claim. The sooner you initiate the process, the more time your attorney has to gather evidence, speak to witnesses, and work with experts if necessary. Delaying your claim can hinder your attorney’s ability to build a strong case, potentially weakening your chances of obtaining fair compensation.

Insurance Company Tactics

Insurance companies are well-versed in the art of delay and denial. They may use various tactics to stall the claims process or diminish your claim’s value. By filing your claim promptly, you minimize the opportunity for the insurance company to take advantage of delays and may increase the likelihood of receiving a timely and fair settlement.

Financial Relief

Personal injuries often lead to significant financial burdens. Medical bills, lost wages, and other expenses can quickly accumulate, causing stress and hardship for you and your family. Filing your personal injury claim promptly allows you to seek the financial relief you need to cover these immediate and ongoing costs. Delaying the process only prolongs your financial strain.

Emotional Stress

The aftermath of an accident can be emotionally challenging. Dealing with injuries, medical treatments, and the legal process can be overwhelming. Delaying your personal injury claim only prolongs the emotional stress and uncertainty. By taking action promptly, you can begin the process of healing and seeking justice sooner.

Negotiation and Settlement

Personal injury claims often involve negotiations with the at-fault party’s insurance company. These negotiations can be lengthy and complex, and the insurance company may try to lowball your settlement offer. Filing your claim promptly puts you in a stronger position during negotiations and may lead to a quicker resolution, allowing you to move forward with your life.


Filing a personal injury claim should not be delayed for any reason. The preservation of evidence, adherence to statutes of limitations, and the protection of your health, witness credibility, and financial well-being all hinge on taking action promptly. Insurance companies have their own agendas, and delaying the process can play into their hands.

By consulting with a dedicated personal injury attorney at David M. Kennedy Law, you can ensure that your rights are protected, your case is thoroughly investigated, and you have the best chance of obtaining the compensation and justice you deserve. Remember, time is of the essence when it comes to personal injury claims, so don’t wait to seek the help you need. Call (903) 819-0720 or click here to email our law office.

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David M. Kennedy

David M. Kennedy has over 30 years experience representing individuals and businesses in matters of civil litigation, especially personal injury and wrongful death. He is licensed in Texas, Oklahoma and Colorado.


Contact Us

Call Us 903-819-0720

Law Office of David M. Kennedy, P.C.

320 N. Travis St., Suite 207
Sherman, TX 75090

Email: Click Here

Map and Directions

Contact Us

Call Us 903-819-0720

Law Office of David M. Kennedy, P.C.

320 N. Travis St., Suite 207
Sherman, TX 75090

Email: Click Here

Map and Directions

Practice Areas