What happens if I miss the deadline?
The claim is time-barred. A defendant raises the limitations period as a defense and the case is dismissed — without any consideration of the merits.
The strength of the case doesn't matter. Clear liability, serious injuries, and available insurance are all irrelevant once the period has run.
Narrow exceptions exist. Tolling applies in defined circumstances — including where a defendant was absent from the state, in certain cases involving minors or incapacity, and in some cases involving fraudulent concealment. The delayed discovery doctrine applies in limited categories.
None of these should be relied on. They're arguments made after the fact, and they usually fail.
What people misjudge. They wait because treatment is ongoing, because they're negotiating with an adjuster, or because they assume a claim being discussed is a claim being preserved. Negotiating does not stop the clock. An adjuster who continues talking past the deadline has no obligation to remind you.
If you're close to a deadline, that's an emergency, and counsel should hear about it today rather than after the weekend.
Talking to an adjuster doesn't stop the clock. Nothing does except filing. ---
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