Good timing can mean the difference between a winning personal injury case, and a losing personal injury case. In fact; timing can also spell the difference between being involved in a serious accident; and missing a serious accident.
Accident victims aren’t looking to get into accidents in the first place. They are simply in the wrong place, at the wrong time. But for some serendipitous timing and bad luck, they would not have been involved in an accident in the first place. Hence, they would not need the assistance of a personal injury lawyer. But accidents much like bad luck and bad timing happens. That’s life.
At law, there are limitation periods. This means that an injured accident victim cannot wait forever, or wait too long to retain a personal injury lawyer and start their claim. Waiting too long to get the legal process started has consequences.
Defendants will argue that waiting too long is unfair. Lawyers will call that unfairness prejudice. You will often hear from Defence lawyers that the delay is “prejudicial to their clients” because of reasons A, B and C. Sometimes this is true. Other times, it’s legal mumbo jumbo for they just want to get the case dismissed on account of delay.
Here’s a case where there can be prejudice to a Defendant for delay:
The Plaintiff waits so long to start their case that evidence is destroyed, witnesses can’t be tracked down or if they are, their memories of the events have faded, and investigations by a Defendant cannot be made until it’s fall too late. That’s certainly fair. Continue reading →