The statute of limitations is a legal concept that describes the time limit within which someone can file a lawsuit. When this period has expired, an individual may not be able to pursue their case in court, regardless of its merits.
The statute of limitations varies depending on the type of legal matter and the jurisdiction in which the claim is being made.
In this article, we’ll explore the statute of limitations for personal injury claims, why it exists, and a lot more.
What is the Statute of Limitations?
The statute of limitations is defined as a law that sets a deadline for filing a lawsuit after a particular event occurs. This may be an offense, accident, or any other event that injured a person. These time limits will also differ with the kind of case and also the state in which the lawsuit has been filed.
The main reason as to why there is a time limit restriction for filing lawsuits is to encourage the filing of the same within a stipulated time. It also ensures that people do not reopen old cases.
Why Does the Statute of Limitations Exist?
The statute of limitations exists to:
- Protect the integrity of evidence: Evidence may be lost or degraded and may be misplaced when not acted upon over a specific period of time.
- Encourage timely resolution: The law encourages individuals to take legal action within a reasonable timeframe, ensuring disputes are resolved promptly.
- Provide certainty and security: Defendants should not have to live in fear of being sued indefinitely. The statute gives them peace of mind once the statute of limitations has expired.
Time Frame for Personal Injury Claims
The statute of limitations for filing personal injury lawsuits varies in most states. The most common one ranges between 2 and 3 years from the time of the injury. This means that if you have been involved in a car accident, slip and fall incident, or any other form of accident that led to an injury, then you have a specific window of time to take legal action.
The clock begins immediately after the injury takes place. It’s important to check your state’s specific laws to ensure you understand the time frame for filing a claim.
The Discovery Rule
When someone wants to extend the statute of limitations, they can use the discovery rule. It states that the clock on the statute of limitations may not start on the injury date but rather on the date the injured person discovered the injury. This is most common in cases where the injury is not immediate, such as exposure to toxic chemicals, medical malpractice, or defective medical devices.
For example, if a person undergoes surgery and years later discovers that a surgical instrument was left inside their body, then the statute of limitations may begin when the injury is discovered and not at the time of surgery.
Consequences of Missing the Deadline
If you fail to file a personal injury claim within the statute of limitations, the courts will be forced to dismiss your case. This means that the claim cannot be refiled regardless of the merits that it might present.
This makes it critical to file your lawsuit within the applicable time limits and to consult an attorney as soon as possible after your injury to avoid missing the deadline.
How to Protect Your Right to File a Claim
The following steps are essential to protect your legal rights and ensure you meet the statute of limitations.
- Promptly Consult a Lawyer: Contact your personal injury lawyer soon after you are injured to ensure that your case is filed within the time limits.
- Document Your Injury and Evidence: It is essential to keep track of all evidence related to your injury, including medical records, witness statements, photographs, and police reports, as it helps your attorney build a strong case.
- Stay Informed of Deadlines: Be aware of every deadline that applies to your specific case, especially if it involves unique circumstances like medical malpractice, government claims, or against an absent defendant.
