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Personal Injury Lawsuits – The Statute of Limitations

If you are the victim of a personal injury, a statute of limitations will apply to your claim. For personal injury lawsuits, the statute of limitations refers to the amount of time the victim of the incident has to file his or her claim. This can range from one to three years depending on the type of injury. The statute of limitations also varies from state to state, so it is essential that you are aware of the laws that apply to you and your claim.

For example, if you are in a car accident, you may have a two-year statute of limitations – meaning you have two years from the time the accident occurred to file a lawsuit. If you do not meet this statute of limitations, the defendant in your case can have your claim permanently dismissed – causing you to forfeit the chance of compensatory or punitive damages.

When a Statute of Limitations Begins

When the statute of limitations begins depends on the type of case. Generally, the statute of limitations is activated the day of the injury, like in the car accident example mentioned above. There are some instances, however, when the personal injury victim is not aware of the injury. In this instance, the statute of limitations begins when the injury is discovered. For example, if a surgeon leaves a medical instrument inside a patient’s body and that patient seeks treatment a month later for severe pain, the statute of limitations begins the day the mistake is discovered.

Exceptions to a Statute of Limitations

When filing a claim against a government agency, the statute of limitations is slightly different. Plaintiffs have 30 days to one year to file a suit, depending on the state. If the claim is not filed within this time period, it will be permanently dismissed. Your city or county attorney’s office, or a personal injury attorney in your area, will have information on your particular state’s laws.

To determine the statute of limitations for your particular case, contact a qualified lawyer for assistance with your case.

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