When an individual suffers due to another’s negligence, they usually have legal standing to seek compensation. Unfortunately, however, this right does not last indefinitely – there is an “statute of limitations” within which legal action must be initiated against their attacker and understanding this timeframe is crucial if filing a personal injury suit is on your radar screen.
What Is the Statute of Limitations?
A statute of limitations is a legal term which establishes an exact limit of time after an event for initiating legal proceedings in court. This ensures that legal claims can be made while evidence and witnesses’ memories remain intact, providing finality and predictability to legal affairs. When that period elapses on an incident or claim, any right to sue for it often goes away permanently.
Time Limits in Personal Injury Claims
The exact time frame for filing a personal injury claim varies based on both jurisdiction and type of claim. Typically, one to four years from date of injury are typically considered statute of limitations for these types of cases – to ascertain this timeframe accurately it’s important to consult local laws or an attorney familiar with that jurisdiction in which an incident took place.
Have A Personal Injury?
Visit us at NO COST!
- Exam and Advanced Referrals
- Physical Assessment & Consultation
- Attorney referrals if needed
- Medical managed physical therapy and chiropractic visits
- We offer non-opioid mail order pharmaceuticals if needed
Beginning the Statute of Limitations at Date of Discovery
While statute of limitations cases typically begin when an injury occurred, there are exceptions such as the “discovery rule.” This rule applies in situations in which an injured party couldn’t have reasonably discovered their injuries immediately following them occurring.
Suppose someone undergoes surgery and inadvertently left a surgical tool inside them; complications could emerge months or even years later before realizing what had happened, prompting the statute of limitations to begin on either the date the injury was discovered or should have been discovered.
Exceptions to the Rule
There may be circumstances when the statute of limitations can be suspended (known as tolling), or may no longer apply altogether. Such instances include:
Minors: Due to age-based provisions in many jurisdictions, statute of limitations often doesn’t begin until an injured minor reaches 18 and becomes legally eligible.
Mental Incapacitation: If the injured party was mentally incapacitated at the time of injury, then the statute may be toll-free until their capacity returns.
Absence of the Defendant: Depending on where you live, if the party responsible for an injury leaves the state or is otherwise hard to locate, their statute of limitations might be suspended until they either return or can be located.
Legal Disabilities: Legal disabilities can include instances such as bankruptcy that impede an individual’s ability to bring forward a claim.
Act Swiftly
Although knowing the statute of limitations is essential, taking immediate action to gather evidence and establish your case can take much more time than expected – delaying could reduce quality evidence and decrease chances for success.
Furthermore, while laws may provide specific time frames, many personal injury attorneys advise pursuing claims as soon as possible to ensure all facts and evidence remain fresh in memory. Doing this makes creating a strong and convincing case much simpler.
Conclusion
The statute of limitations plays an integral part in personal injury litigation. It ensures timely legal action, protects evidence integrity and provides closure for all parties involved. Those considering filing a personal injury claim should become familiar with their jurisdiction’s statute of limitations as soon as possible and consult an attorney promptly; waiting too long may result in forfeiting rights to compensation despite valid claims being brought forward.
Have A Personal Injury?
Visit us at NO COST!
- Exam and Advanced Referrals
- Physical Assessment & Consultation
- Attorney referrals if needed
- Medical managed physical therapy and chiropractic visits
- We offer non-opioid mail order pharmaceuticals if needed
