What is the Statute of Limitations for Personal Injury Cases?

When you are involved in an accident and get injured, you may decide to pursue legal action against the liable party or parties. However, there is a time limit for taking legal action, and this is referred to as the statute of limitations.

The statute of limitations varies depending on where you are located and the type of accident you were involved in. Typically, the statute of limitations for personal injury cases ranges from one to six years. It is essential to know the statute of limitations for your case to ensure you don’t miss the deadline.

What Happens if You Miss the Statute of Limitations?

If you miss the deadline for filing a personal injury lawsuit, you lose your right to sue. In other words, your case will be thrown out regardless of how strong the evidence you have is.

Missing the statute of limitations is a common problem in personal injury cases. In most cases, it is due to a lack of understanding of the statutes for filing a lawsuit or procrastination. It is always best to provide your attorney with all the details of the accident as soon as possible after it occurs to allow sufficient time for your case’s preparation.

Why are Statute of Limitations in Personal Injury Cases Important?

Statutes of limitations are crucial as they serve as a legal safety net. They prevent cases from dragging on forever and help ensure the victim receives compensation in a reasonable time-frame. They are also good for defendants, as they are freed from the potential of litigation hanging over their head indefinitely.

Can You Still File a Lawsuit If You Miss the Statute of Limitations?

As mentioned earlier, the failure to file a lawsuit within the statute of limitations means that you have lost the right to sue, and the court will not hear your case. However, some exceptions apply.

For instance, the statute of limitations might be tolled (suspended) under certain circumstances. One such circumstance is some form of disability or impairment, which prevented the victim from being aware of the proceedings, which would indicate it was necessary or important to file a case.

Another situation in which the statute of limitations might be tolled is if the party liable for the injury fled the jurisdiction. Under such circumstances, if the prey brought an action against the liable party within 90 days of their return to the jurisdiction, then the time frame will be extended.

Conclusion

For anyone that has sustained an injury as a result of someone else’s negligence, it is critical to understand the statute of limitations for personal injury cases. It is essential to ensure that you file your case within the statutes of limitations to avoid losing your chance to sue. This is why it is important to retain an experienced attorney’s services when handling personal injury cases, as they have a wealth of knowledge and experience in dealing with such cases.

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