If you’ve been injured due to someone else’s negligence or intentional actions, you may be considering filing a personal injury lawsuit. However, it’s important to understand that there is a time limit for filing such a lawsuit. This time limit is known as the statute of limitations.
In this article, we will go over everything you need to know about the statute of limitations for personal injury cases.
Table of Contents
What is the Statute of Limitations?
The statute of limitations is the designated time frame within which a person has to file a lawsuit. In the context of personal injury cases, the statute of limitations refers to the set time period within which an injured party can file a lawsuit against the person or entity responsible for causing their injury.
Why Does the Statute of Limitations Exist?
The statute of limitations exists to ensure that lawsuits are filed in a timely manner. This is for several reasons:
- Witnesses may forget important details over time
- Evidence may deteriorate or get lost
- Defendants should be able to move on with their lives without the threat of a lawsuit looming over them indefinitely.
How Long is the Statute of Limitations for Personal Injury Cases?
The length of the statute of limitations varies depending on the state and the type of case.
In most instances, the statute of limitations for personal injury cases is two to three years. However, it can be as little as one year or as long as ten years depending on the state and the type of injury you sustained.
For example, in California, the statute of limitations for personal injury cases is two years from the date of the injury. In Arizona, it’s two years for most cases, but only one year for cases involving defamation.
It’s important to note that the clock on the statute of limitations begins ticking on the day the injury occurs or is discovered. This means that if you break your arm but don’t realize it until a month later, the statute of limitations will begin on the day you discover the injury.
What Happens If I File a Lawsuit After the Statute of Limitations Has Expired?
If you attempt to file a lawsuit after the statute of limitations has expired, your case will likely be dismissed. This means that you won’t be able to recover any compensation for your injuries, even if the person or entity responsible for your injuries is clearly at fault.
There are a few rare exceptions to the statute of limitations. These generally occur when the injury was not discovered until after the statute of limitations has passed, or when the defendant committed fraud or intentionally hid their actions in an attempt to avoid legal action.
How Can I Ensure I Don’t Miss the Statute of Limitations?
To ensure that you file your personal injury lawsuit within the statute of limitations, it’s important to speak with an attorney as soon as possible.
An experienced personal injury attorney can help you understand the laws in your state and the time frame within which you must file your lawsuit. They can also help you gather evidence and build a strong case to pursue compensation for your injuries.
By working with an attorney, you can rest assured that your case will be filed within the necessary time frame and that all legal procedures will be followed correctly.
Conclusion
The statute of limitations exists to ensure that lawsuits are filed in a timely manner. In the context of personal injury cases, the statute of limitations varies depending on the state and the type of injury sustained.
To ensure that you don’t miss the statute of limitations for your personal injury case, it’s important to work with an experienced attorney who can guide you through the legal process and help you file your lawsuit within the necessary timeframe.