When you have a valid personal injury case after an accident, the time you take to process your personal injury claims matters. Personal injury attorneys can help you understand exactly how long you have to file your claim. Click tmaddenlaw.com to discuss the details of your personal injury claim today.
The Statute of Limitations in Personal Injury Claims
The statute of limitations in your personal injury claim is a state law that sets a strict time limit on your right to file a personal injury lawsuit. If you try to file your lawsuit after the applicable statute of limitations deadline has passed, the courts involved can dismiss your case, and you’ll lose any chance to get court-ordered compensation for your damages.
There are a few situations that can effectively extend the filing deadline but these are rare.
Keep in mind that during the insurance claim process, insurance adjusters are aware of the statute of limitations lawsuit-filing deadline, and so should you.
Why Time Matters in Personal Injury Cases
Each state has statutes of limitations for the filing of different kinds of lawsuits. Most states have a statute of limitations that applies to personal injury cases and negligence. Whatever statute of limitations applies to your potential case, if the deadline passes and you try to file a lawsuit, your case will almost certainly be dismissed.
Even if you don’t plan on filing a lawsuit after an accident, it’s important to understand the statute of limitations where you are. When making an insurance claim, it’s imperative to leave plenty of time to take things to court if you decide. At least then you have that option during injury settlement negotiations.
When Does the Statute of Limitations Begin?
The statute of limitations “clock” begins running the day you were injured. In a car accident claim, it’s the date on which your accident occurred. Contact an injury attorney today if you’re concerned about how the statutes in your state affect your claim.
Statute of Limitations Standards in Personal Injury Claims
The statute of limitations in personal injury cases ranges from one year to as long as six years, depending on your state. Florida’s statute of limitations, for example, for personal injury claims is generally four years from the accident date. This means you have four years from the accident date to file a lawsuit in court.
The “Discovery Rule” Exception to the Statute of Limitations
Most states have some form of a “discovery rule” that applies to the standard statute of limitations deadline. Generally, the discovery rule extends the filing deadline in situations where the injured person did not know until after the original statute of limitations deadline passed, that they suffered an injury and that the potential defendant’s actions may have caused the injury.
Extending the Statute of Limitations Deadline
Many states allow the statute of limitations to be extended in certain circumstances. Some states allow the statute of limitations clock to be paused when you leave the state. Special lawsuit-filing rules can also apply if the plaintiff is a minor, or is subject to some kind of mental disability.
For example, the statute of limitations clock can be paused if the injured person was under the age of 18 or was “lacking the legal capacity to make decisions” at the time of the underlying accident.
Professional Assistance With a Personal Injury Case
If you’ve suffered in an accident at no fault of your own, it’s crucial to understand how the statute of limitations applies to your potential claim. If your injuries are significant and the opposing insurance company or at-fault party refuses to offer a fair settlement, the statute of limitations deadline may be crucial in determining the outcome of your claim.
To protect your rights and your options, it could make sense to discuss your situation with an experienced attorney. Sit down with an experienced attorney in your community for a free consultation to discuss all of the applicable statutes in your claim and ways that your legal team can secure fair and just compensation for your damages.
