If you are a victim of an accident that happened due to someone else’s negligence, you must be wondering how you are going to get compensated for your losses. In such a situation, a personal injury lawsuit is the best solution.
However, it’s crucial to be aware of the statute of limitations in your state, as it can significantly impact your case. These statutes set the time limits within which legal action must be initiated after an accident.
So, to navigate this complex legal procedure and ensure your rights are protected, you can contact a reputed personal injury law firm to guide you through the process.
This article talks about the statute of limitations and how it impacts your personal injury claim. Let’s begin!
What is the Statute of Limitations?
The statute of limitations refers to the time limit within which a person can file a lawsuit for a personal injury claim.
In simple words, if you are a victim of an injury or accident due to the negligence of another person, you must file a lawsuit within a specific time period from the date of the accident.
The statute of limitations varies from state to state. In most states, accident victims have 2 or 3 years to file a personal injury claim. There are exceptions to the statute of limitations. This is something a local lawyer will explain better.
How Does the Statute of Limitation Impact Your Personal Injury Claim?
Let’s explore how the statute of limitations impacts the outcome of your personal injury claim:
- Time Constraints: If you fail to file your case within the given time frame, you will not get any compensation. The court will simply dismiss your case, regardless of its merits.
- Evidence Preservation: Over time, crucial evidence related to the accident may become difficult to obtain. For instance, the witnesses may forget the details of the incident, and physical evidence may degrade. However, filing your claim within the statute of limitations ensures that you present fresh and accessible documents about the unfortunate incident.
- Advantage for Defendant(s): In some cases, the defendants may use the expiration of the statute of limitations as an excuse to dispose of the case. They may raise legal questions about your claim, so you don’t get your rightful compensation. Adhering to the legal time limit makes sure that you don’t fall victim to such challenges.
What are Some Exceptions to the Statute of Limitations?
Let’s look at some exceptions in the statute of limitations to get a better understanding of this law:
- If the injured person is under 18 years old or has some mental disability, the statute of limitations is applicable once they are over 18 and have regained their mental health.
- If the person who caused the injury has left the state before the lawsuit has been filed, their absence isn’t counted toward the legal time limit of 2 years. However, you need an attorney to file an affidavit saying that the defendant isn’t available for legal proceedings.
Conclusion
The statute of limitations sets a specific period of time before which you should file a claim. Not filing the claim before this time limit expires may result in the deterioration of evidence that deprives you of your rightful compensation.
However, there are some exceptions to the statute of limitations. If you are under 18 or have a mental disability, you have the time to file your case until you turn 18 and are in the best mental state.
Not adhering to the statute of limitations also increases the risk of the at-fault party going unpunished for their actions. Don’t let this happen! Hire an experienced personal injury lawyer today and take legal action.
