Personal injuries are a common occurrence in our daily lives. With accidents happening all around us, sometimes it is just inevitable that someone might get hurt. These injuries can be life-altering and can bring about physical, emotional, and financial suffering. When someone else is at fault for the injury, the victim has the option to file a personal injury lawsuit. However, there’s a strict time limit known as the statute of limitations that determines when the legal action must be taken. This article discusses whether it is possible to file a personal injury lawsuit after the statute of limitations has expired.
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What is the Statute of Limitations?
A statute of limitations is a law that sets a time limit for the filing of a legal action. In personal injury cases, the statute of limitations determines how long a victim has to file a lawsuit. Each state has its statute of limitations, which varies depending on the type of injury and the circumstances surrounding it.
Why is the Statute of Limitations Important?
The statute of limitations is essential because it serves as a deadline for filing a lawsuit. It is designed to prevent someone from being subject to a lawsuit indefinitely. It also ensures that evidence remains fresh and relevant. As time goes on, evidence can be lost or become unreliable, making it harder to prove or disprove a claim. For this reason, the statute of limitations is strictly enforced, and any lawsuit filed after the deadline will likely be dismissed.
Can You File a Personal Injury Lawsuit After the Statute of Limitations Has Expired?
In most cases, once the statute of limitations has expired, you cannot file a personal injury lawsuit. The court will usually dismiss the case on the basis of the statute of limitations. However, there are a few limited situations where you may still be able to file a lawsuit after the statute of limitations has expired.
Tolling the Statute of Limitations
In some cases, the statute of limitations can be "tolled" or paused, which means that the clock stops running for a period of time. This can happen when the victim is unable to bring a lawsuit due to a specific circumstance. For example, if the victim is a minor at the time of the injury, the statute of limitations may be paused until they reach the age of majority. Other situations where the statute of limitations might be tolled include:
- The victim is mentally or physically incapacitated
- The defendant has left the state
- The defendant is incarcerated
If any of these circumstances apply, you may be able to file a lawsuit after the statute of limitations has expired.
Discovery Rule
Another exception to the statute of limitations is the discovery rule. This rule applies when the victim is not immediately aware of their injury. The statute of limitations may be extended until the victim becomes aware of their injury or the cause of their injury. For example, if a person is exposed to toxic chemicals that take years to manifest as a disease, the statute of limitations may not begin until the disease is discovered.
Conclusion
In most cases, you cannot file a personal injury lawsuit after the statute of limitations has expired. However, if the statute of limitations has been tolled or the discovery rule applies, you may still have a chance to file a lawsuit. It’s essential to consult with an experienced personal injury attorney to assess your options and determine whether you can still file a claim. Don’t wait too long to take action, or you may lose your chance to receive compensation for your injuries.