Proper timing is critical when dealing with personal injury claims.
After sustaining a personal injury, time starts ticking immediately. It’s in your best interest to collect relevant evidence before the scene is contaminated and seek medical treatment when your injuries are still fresh. Such details are necessary to associate the injury with the stated cause, helping apportion liability accordingly.
Besides, it’s imperative to notify your lawyer immediately if you’re planning to file a personal injury claim. That’s because the at-fault parties and insurance companies will assess the timeline of events following the alleged accident and possibly use any oversights against you. For instance, they might submit that your alleged injuries resulted from causes other than the accident or that they’re less severe than documented.
More importantly, there’s a legal deadline for filing medical injury claims, known as the statute of limitations. Read below for more insights into the statute of limitations for personal injuries.
Understanding the Statute of Limitations
The statute of limitations is the legal timeline that dictates how long after an event an individual can file a lawsuit.
Let’s say you’ve been involved in a grisly auto crash that resulted in severe injuries. Usually, the first step (after whisking yourself and any other vehicle occupants to safety) is to contact your personal injury lawyer.
A Las Vegas car accident attorney will rush to the crash scene and assist with evidence collection. This typically involves taking pictures, collecting witness statements, and securing the black boxes of both vehicles.
Thereafter, your car accident lawyer will bring you up to speed on the statute of limitations for filing personal injury claims in your jurisdiction. It’s best to comply with the deadlines, or you may lose your legal rights to seek compensation.
While commonly used concerning personal injuries, the statute of limitations applies to other types of lawsuits, including robberies and sexual assaults. The legal timelines also vary considerably across different jurisdictions.
What Is The Statute of Limitations for Personal Injury Claims?
If you’ve sustained a personal injury, you normally have between two and three years to file a claim for compensation in most jurisdictions. The time starts ticking from the accident date or the date you received a positive diagnosis for an injury or medical complication resulting directly from the incident.
Experienced attorneys emphasize the significance of seeking professional medical attention immediately after sustaining an injury.
Besides dictating when the statute of limitations begins, consulting your doctor soon after an accident can significantly accelerate your recovery.
Is The Statute Of Limitations Similar Across All States?
Absolutely not!
While the statute of limitations for personal injury claims is 2 – 3 years in most states, certain states allow accident victims a generous window of up to six years to initiate the claims process formally.
States like Nebraska, Wyoming, and Utah have a four-year statute of limitation for personal injury claims. In Missouri and Maine, the statute of limitations is five and six years, respectively.
Do The Statute of Limitations Apply To All Personal Injury Claims?
Personal injuries come in many shapes and forms. Common ones include;
Accidents
Automobile (car, truck, motorcycle, and bike) accidents caused by negligent activities like drunk driving or distractions
Slip and fall accidents typically caused by wet flooring, poorly lit environments, or cluttered walkways
Workplace Injuries
Loss of limbs, often due to malfunctioning machinery
Repetitive stress injuries
Medical Negligence
Misdiagnoses, which could result in life-threatening complications due to the prescription meds
Prescription errors, which could lead to life-threatening overdose
Surgical errors are a leading cause of medical complications
Birth injuries, often due to untrained delivery personnel
Physical and/or emotional abuse, particularly of children or the elderly
Defective Products
Harmful products, which might cause disease or wrongful deaths
Product liability due to injuries caused by defective products
All personal injury claims are subject to the general principle of statute of limitations. However, the timelines may vary depending on the personal injury involved.
Medical malpractices are often subjected to longer statute of limitations than, say, workplace injuries.
Exceptional Circumstances for Statute of Limitations on Personal Injury Claims
While each state imposes a statute of limitations for personal injury claims, certain circumstances may compel a court to extend the deadline. Those include;
1. Mental Incapacity
There are instances where the plaintiff in a personal injury lawsuit is rendered mentally incapacitated to pursue the case personally. In such scenarios, someone else may need to act on the person’s behalf.
The acting entity, alongside the plaintiff’s lawyer, can plead to the court for an extension to the statute of limitations. That’s especially true if mental insanity resulted from injuries sustained from the accident in question.
2. Discovery Rule
In legal parlance, the discovery rule is a doctrine dictating that the statute of limitation for personal injuries doesn’t commence until the victim discovers or should have reasonably discovered that they’re injured.
However, the freedom to invoke the discovery rule shouldn’t discount the significance of seeking prompt medical treatment. Most courts will only extend the statute of limitations if you sought medical attention reasonably fast and if the delay in discovering your injuries wasn’t due to laxity on your part.
3. Fraudulent Concealment
Fraudulent concealment is common in personal injuries, where the defendant willfully attempts to hide evidence of wrongdoing or downplays the extent of the injuries.
4. Fatal Claims
The statute of limitation for wrongful deaths begins from the date the person died. In other words, it doesn’t cover the duration the victim was nursing their injuries.
5. Defendant’s Absence
Cases abound of hit-and-run drivers or real estate developers who vanish soon after their buildings collapse and injure or kill innocent victims. In such scenarios, it’s only logical to extend the statute of limitations until law enforcement apprehends the perpetrator.
While the victims may initiate a personal injury claim anytime, the clock doesn’t tick until the other party is apprehended.
Summary
Navigating the complex procedures of personal injury claims is best left to professionals.
Personal injury lawyers are well-versed in the applicable statute of limitations for personal injury claims in your jurisdiction and will gladly guide you through the claims process.
The attorneys will handle all the legal paperwork required to initiate a claim, negotiate the maximum compensation possible with the insurance company, and oversee all engagements with the other party. They’ll also represent your interest if the matter proceeds to full trial, providing you ample time to focus on your healing.
When choosing a personal injury lawyer, consider someone who specializes in personal injury law. The law firm should also enjoy a track record of handling similar cases, as is evidenced by exceptional reviews from their previous clients.
Also Read: The Hurdles You Will Face When Filing a Personal Injury Claim
