If you hope to file a personal injury claim, you must understand the statute of limitations that applies to these cases. In general, accident victims in all 50 states have a limited period to seek financial compensation for their injuries. If you were hurt in an accident and need to submit a personal injury claim, please check your state’s statute of limitations to find out how long you have to file your lawsuit, then call an injury lawyer from our firm to discuss your legal options. Depending on the state, personal injury claims may be subject to a one to six-year time limit.
How Do Statutes of Limitations Work?
In most situations, a statute of limitations is a strict time limit. If the deadline to try and file a lawsuit has passed, your case will probably be dismissed. Several exceptions can effectively prolong the submission date, but they’re uncommon.
In any personal injury case, the statute of limitations typically starts on your injury date. With an automobile accident claim, this would be the date of the collision. However, there is an exception to the limitations Statute, known as the “Discovery Rule.”
The discovery rule generally extends the filing deadline in cases where the injured person did not realize (and had no reasonable basis for knowing) that they had been hurt.
There are additional ways to extend the statute of limitations. In most places, the statute of limitations “clock” will pause if the defendant leaves the state for whatever reason after causing the accident that resulted in an injury. For example, suppose the statute of limitations for filing a personal injury claim is three years, and the defendant remained out of state for a year after the accident. In that case, a plaintiff might have an extra year to work on and submit their case.
Additionally, If the plaintiff is a minor (under 18) during an accident, they might have extra time to work on their claim.
Contact Our Attorneys to Learn More about Statutes of Limitations
If you have questions about the statute of limitations and how it might relate to your case, you should speak with a knowledgeable personal injury attorney. Our dedicated team members could address your concerns, offer their seasoned advice, and help you take charge of your case. You can call today to learn more.