Why the Statute of Limitations Is Important in Injury Cases


A statute of limitations is a law that prevents claimants from pursuing cases after a certain amount of time. This means you might not be able to file a claim if a particular date has passed. Take a look at how these statutes apply in personal injury law and what you need to do to avoid having trouble with them.

How Long Do You Have to File a Claim?

Most states generally apply a statute of limitations of between two and three years. The clock usually starts from the time of an incident. Even if you're not sure you're going to file a claim, you should ask a personal injury attorney for a consultation so you can learn what the statute is where the accident happened.

Notably, some states also have laws that shorten the statute when the defendant is a government agency, employee, contractor, or designee. Yes, the government gives you less time to file a claim against it so you'll probably have to hurry up.

Exceptions

Many states also carve out some exceptions, and these often involve cases that only emerge over time. For example, it's normal for the clock to start once you identify repetitive motion injuries. A similar attitude is common in cases involving chemical, biological, or radiological exposure. Child sexual abuse survivors are also frequently afforded longer or unlimited statutes that only kick in once they reach adulthood.

Should You File Right Away?

You should have a discussion about your case with a personal injury attorney as soon as possible. However, filing quickly runs some risks. In particular, there's a risk that you might settle the case before everything is known. For example, you might learn that the back trouble you've been experiencing is due to spinal or nerve damage rather than just a muscle injury. It's close to impossible to seek additional compensation once you've accepted an injury settlement. Consequently, you want to know as much as possible about your injuries and how well you're recovering before you sue.

Stopping the Clock

Under personal injury law, the clock on the statute stops once you've provided formal notice to the defendant that you intend to seek a claim or sue. You don't have to get everything wrapped up by then, but you should have an idea of what your monetary demand is going to be. It's also a good idea to be sure that you're going after the right defendant because this risks letting the statutory limit expire if you have to file again against someone else.

Learn more by contacting legal services like Shaevitz Shaevitz & Kotzamanis.

About Me

Tips for Living a Healthy Financial Life

Have you ever felt like you were running in circles? After filing for my second bankruptcy, I felt that way. It seemed like I was stuck and could not figure out how to get on the right road to financial health. As I stood outside of the courtroom after my debts were discharged, I decided that I would never again be in that position. I started researching online and found that so many others were in the same predicament. I knew then that I not only had to help myself, but also others. I created this site to help others get out of debt and stay that way.

Search

Categories

Latest Posts

22 September 2020
When someone is injured, they don't necessarily jump right to filing a claim or suing. It's normal to be unsure about whether you'll need to file a cl

17 August 2020
If you don't have children, it's important that you have a will. When you pass away without a will, it's referred to as dying intestate. The probate c

21 July 2020
A statute of limitations is a law that prevents claimants from pursuing cases after a certain amount of time. This means you might not be able to file