Personal injury cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. These cases can range from car accidents to medical malpractice, and they often involve insurance companies. However, it’s important to note that the law imposes a time limit within which you must file your claim known as the statute of limitations.
The statute of limitations is a law that sets the maximum period which one can wait before filing a lawsuit, depending on the type of case or claim. The periods vary by state and by type of claim. For personal injury cases specifically, this time limit typically starts running from the date of the incident or injury.
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The purpose behind these laws is twofold: First, over time critical pieces of evidence may be lost, memories fade or witnesses move away making it difficult to prove your case; Second, it’s also considered unfair for someone to have an indefinite period in which they could sue you for damages.
In most states across America, there is usually a two-year statute of limitations on personal injury cases. This means if you’re involved in such an incident where another party was at fault – whether through negligence or intentional action – you have two years from the date of the incident to file a lawsuit against them.
However, there are exceptions to this rule where certain circumstances can pause or “toll” these deadlines. For instance, if at the time of your accident you were mentally incompetent or physically unable to bring a lawsuit due to severe injuries then courts will likely grant more time until you’re able recover enough in order pursue your claims.
Moreover some states also extend their statutes in situations involving minors since children cannot legally initiate lawsuits themselves until they reach adulthood (usually 18). Therefore if child was injured when they were 15-years old and their state has two year limitation period – technically speaking this would not start running until after their 18th birthday.
It’s worth noting that the statute of limitations does not affect the length of time you have to file a claim with an insurance company after an accident. Insurance policies typically require prompt notice of any accident, so it’s always best to contact your insurer as soon as possible after an incident occurs.
In conclusion, understanding the statute of limitations for personal injury cases is crucial. If you fail to file your lawsuit within this timeframe, you may lose your right to sue and recover damages. Therefore, it’s highly advisable that anyone involved in consult a personal injury lawyer for your case seek legal advice immediately following their incident to ensure they understand these deadlines and are able to protect their rights effectively.
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