Personal Injury Lawsuit Statute of Limitations
If you believe you have a solid personal injury claim following an incident, you must be aware of the statute of limitations, which is a state law that establishes a stringent time limit on your ability to bring a personal injury lawsuit.
How Does The Statute of Limitations Function?
Every state has enacted statutes of limitations, which establish rigid deadlines for filing certain types of cases in the state’s courts system. The majority of states have a statute of limitations that pertains particularly to personal injury proceedings (or to suits demonstrating negligence).
Whatever the applicable statute of limitations is in your possible claim, if the deadline has gone and you attempt to bring a lawsuit regardless, your claim will almost probably be denied. Several exceptions can practically prolong the filing date, but they are uncommon.
The statute of limitations in a personal injury claim typically runs from the day you sustain injuries. In a vehicle accident claim, for instance, it is the date of the accident.
Personal Injury Cases’ Standard Statute of Limitations
The personal injury lawsuit statute of limitations might range from 1-6 years based on the state. In Arizona and California, the statute of limitations for personal injury cases is two years, while New Mexico is three years.
The ‘Discovery Rule’ Variation To The Statute of Limitations
In an injury claim, most states include some sort of “discovery rule” variation to the usual statute of limitations limit.
The discovery rule, generally, extends the filing time in claims, whereby the injured party did not know (and had no valid justification for realizing) that they sustained injury and/or the putative defendant’s acts might have caused the damage until the initial statute of limitations deadline had passed.
This is not as unusual as you might believe.
Other Options for Extending the Standard Deadline
Throughout most states, there are various ways to extend the statute of limitations. For instance, if the defendant flees the state for any reason following the incident, which resulted in your injuries, the statute of limitations “clock” will stand in most states.
Thus, if the statute of limitations for bringing a personal injury claim is 2 years and the liable party remained out of state a year following the incident, the state will prolong the statute of limitations in your claim by another year.
Special lawsuit-filing restrictions may apply if the plaintiff is:
- A minor (i.e., below 18 years)
- Mentally ill
Contact Karnas Law
Do not let a negligent or careless party go away without covering the damages they caused. Because not all cases settle through negotiation talks, you may have to bring a personal injury suit. To ensure that you are not barred from filing your claim, you need to familiarize yourself with the statute of limitations that apply in your case.
At Karnas Law Firm, experienced Car Accident Attorneys are well-versed in various forms of personal injury cases. They will advocate for your best interests, ensuring that you obtain a full recovery. Contact the office today to find out more.
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