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What Exactly Is a Statute Of Limitations?
A statute of limitations sets a time limit within which a legal action must be commenced, failing which the claimant is barred from filing a lawsuit. Every state has its own statute of limitations, with different time limits depending on the nature of the legal claim.
In this article, we’ll examine the statute of limitations for amusement park accident claims in North Dakota.
The Relevant North Dakota Statute Of Limitations
In North Dakota, the statute of limitations for personal injury claims resulting from an amusement park accident is six years from the date of the incident.
According to North Dakota Century Code §28-01-16, any civil action “not arising on contract and not otherwise provided for” must be commenced “within six years after the cause of action has accrued.”
What Does This Mean For You?
If you’ve been injured in an amusement park accident in North Dakota, you have six years from the date of the incident to file a lawsuit seeking compensation.
It is important to note that the statute of limitations clock starts ticking immediately after the accident occurs. Therefore, it is essential to speak with an attorney as soon as possible after the incident to ensure that you do not miss the deadline for filing your claim.
Even if you are uncertain about the extent of your injuries or the appropriate course of legal action, a consultation with an attorney can help you understand your options and ensure that you are aware of the deadline for filing your claim.
Exceptions To North Dakota’s Six-Year Statute Of Limitations
It is important to note that North Dakota’s six-year statute of limitations for amusement park accident claims may not apply in all cases. There are certain exceptions to the general rule, which may alter the time limit within which you can file a lawsuit.
The Discovery Rule
Under North Dakota law, the statute of limitations clock only begins ticking when the plaintiff discovers or should have discovered their injury. This is known as the “discovery rule.”
For example, if you are injured in an amusement park accident but do not discover the extent of your injuries until two years later, your six-year statute of limitations may begin on the date of your discovery, rather than the date of the accident.
Minors And Those With Disabilities
North Dakota law also provides certain exceptions to the statute of limitations for minors and individuals with disabilities.
For minors, the statute of limitations clock does not begin ticking until the minor reaches the age of 18. Therefore, a minor who is injured in an amusement park accident would have six years from their 18th birthday to file a lawsuit seeking compensation.
Additionally, for individuals with disabilities, the statute of limitations may be tolled (paused) until the disability is removed. Therefore, an individual who is injured in an amusement park accident while under a disability would have six years from the date the disability is removed to file a lawsuit.
Conclusion
If you or a loved one has been injured in an amusement park accident in North Dakota, it is important to be aware of the relevant statute of limitations. Filing a lawsuit within the allotted time frame is essential to protecting your legal rights and receiving compensation for your injuries.
Although the general rule in North Dakota is a six-year statute of limitations, certain exceptions may apply. Therefore, it is crucial to speak with an experienced personal injury attorney as soon as possible to ensure that you do not miss the deadline for filing your claim.