If you’ve been injured due to someone else’s negligence, you’re likely wondering: When is the right time to file a personal injury lawsuit? Filing too early or too late can affect your chances of receiving fair compensation. Understanding the ideal timing helps protect your rights and ensures you receive what you’re entitled to for your injuries and losses.
Start with an Insurance Claim First
In most personal injury cases, the process begins by filing a claim with the at-fault party’s insurance company. This claim seeks compensation for your:
Medical expenses
Lost wages
Pain and suffering
Property damage
The goal is to settle without going to court, as this saves time, stress, and legal costs.
When Should You Consider Filing a Lawsuit?
If the insurance company refuses to offer a fair settlement or denies liability, it may be necessary to escalate by filing a lawsuit. Here are situations where filing becomes essential:
1. The Statute of Limitations Is Approaching
Every jurisdiction has a statute of limitations, which is the legal deadline to file a personal injury lawsuit. For example:
In Ontario, you typically have 2 years from the date of injury.
In Alberta, the limitation is also 2 years.
In many U.S. states, it ranges from 1 to 3 years.
If your claim hasn’t settled and the deadline is near, you must file a lawsuit to preserve your right to compensation. Missing this window will bar you from pursuing any claim in court, regardless of the strength of your case.
2. The Insurance Company Denies Liability
If the insurer claims their policyholder wasn’t at fault or disputes your injuries, negotiations may stall. Filing a lawsuit:
Signals seriousness about pursuing your claim
Initiates formal legal procedures to hold the at-fault party accountable
3. You’re Offered an Unfair Settlement
Insurance companies often offer low initial settlements to resolve cases quickly and cheaply. If offers don’t cover your medical bills, lost wages, and pain and suffering, filing a lawsuit can push them to negotiate more fairly.
4. You Have Serious or Long-Term Injuries
In cases involving permanent injuries, disability, or extensive rehabilitation, it’s best to wait until you reach maximum medical improvement (MMI) before settling. Filing a lawsuit may be necessary if:
You need time for accurate medical assessments
The insurer refuses to wait for your treatment completion
Future care costs need to be fully calculated and included
5. Complex Liability Issues Exist
If multiple parties are involved (e.g., multi-vehicle accidents, commercial property injuries) and determining fault is complicated, insurers may deny or delay claims. Filing a lawsuit allows courts to resolve disputes through formal discovery and expert testimonies.
What Happens After You File a Lawsuit?
Filing a lawsuit doesn’t mean you’re going straight to trial. The process typically includes:
Filing a Statement of Claim outlining your injuries and damages.
Discovery phase, where both sides exchange information and evidence.
Negotiation and mediation to attempt settlement before trial.
Trial, if no settlement is reached, where a judge or jury decides your case.
Should You File Early?
While filing protects your rights, filing too early—before understanding your injuries fully—can limit your claim value. Always consult your personal injury lawyer to determine:
Whether you’ve reached MMI
If the insurer is negotiating fairly
Whether deadlines are approaching
Conclusion
Knowing when to file a personal injury lawsuit is crucial for a successful claim. While most cases settle out of court, filing may become necessary to:
Meet legal deadlines
Push for fair compensation
Resolve liability disputes
An experienced personal injury lawyer can guide you through the decision, ensuring you protect your rights and maximize your recovery.
Injured in an accident? Contact personal injury lawyer hamilton today to review your case and discuss whether filing a lawsuit is the right next step for you.
