If you are in the process of negotiating a settlement, you should still ensure that you have filed your lawsuit within the statute of limitations. You can continue to negotiate after you have filed a lawsuit and as the case is moving forward. However, by filing your claim, you will preserve your right to go to court in case a settlement agreement is not reached.
If you miss the deadline and can no longer file a lawsuit, the defendant or insurance company could walk away without paying you, and it is likely that that you won’t be able to do anything about it. Some insurance companies will even try to prolong negotiations and make you miss the deadline specifically to avoid paying a claim.
Posted in: Statute of Limitations FAQs