How the Statute of Limitations Rule Can Influence Your Personal Injury Case

A victim who has been injured due to the wrongdoing or negligence of someone else can claim compensation for their medical care, lost income, non-economic damages, etc. The victim should never delay taking action due to the existence of a law called the statute of limitations.

The statute of limitations is the law that sets a timeframe for filing a personal injury claim. When the victim misses this deadline, they may lose their right to sue and recover any compensation from the negligent party.

What is the Statute of Limitations?

The main objective of this law is to make sure that personal injury claims are brought within the deadline while the evidence is still applicable, and the witnesses can still remember the case facts.

Moreover, it prevents people from living under the constant threat of being sued for old accidents.

It may differ based on the state and type of case where the injury happened. Usually, the statute of limitations ranges from two to three years for personal injury cases, depending on the state.

How Does the Statute of Limitations Affect Your Personal Injury Case?

Keep in mind that you should never wait a long time to file a personal injury case because it can become more complex. It is close to impossible to collect evidence after 2 or 3 years of an accident.

Here are some circumstances and exceptions that can influence the statute of limitations and may shorten or extend the time limit:

• If you were a minor at the time of the accident, the statute of limitations may be paused or tolled until you become a major, which is generally 18 or 21, based on the state. This means that you may have more time to file your personal injury since the countdown begins after you become an adult.
  
  
• Another exception to the statute of limitations rule is the discovery rule. It is not possible to file a claim for an injury that you are not aware of. So, the discovery rule extends the statute of limitations. According to this rule, the statute of limitations begins only after you discover your injury.
  
  
• When the defendant is out of state or cannot be located, the statute of limitations may be charged until the defendant is found or returns to the state. This means that you may have more time to file your personal injury case when the negligent person who caused your injury has moved away or fled.

You may get a basic understanding of what the statute of limitations law is and how it affects your case.

However, each case is unique. So, it is necessary to consult with a knowledgeable and experienced personal injury attorney immediately after your injury to find out the applicable statute of limitations and protect your legal rights.

Moreover, a personal injury attorney can support you in investigating the case, collecting evidence, filing a personal injury claim, negotiating with the insurance firm, and obtaining fair compensation before the time limit expires.

Wrapping Up

Remember, the statute of limitations is one of the crucial rules that can influence your personal injury case. Missing to file a personal injury claim within the time limit can have long term effects. You may never be able to recover the losses you incurred due to the accident.

So, you should never wait to get legal advice after an accident. A lawyer can help you understand all the factors that may affect your case. With the help of an experienced personal injury attorney, you can easily meet all the requirements and deadlines for your personal injury case.