Statute Of Limitations In Personal Injury Cases
A statute of limitations limits the amount of time you
have to file
a lawsuit against someone who has harmed you.
·
Generally, two years are the most prevalent
from 1-6 years.
·
It all started when you were hurt.
·
Variables include:
I.
Your current situation
II.
Your claim's nature
·
The time range can be extended (or
contracted) with a few exceptions.
·
Court decisions can also have an impact on
how the statute is applied.
If a personal injury claim is submitted after the statute
of limitations has expired, it may dismiss. However, a knowledgeable personal
injury attorney can explain how the statute of limitations may affect a
personal injury claim. In addition, contact Connecticut personal
injury lawyers for a private and complimentary consultation
if you or a loved one has severe injuries in an accident.
In
Personal Injury Cases, What Is The Statute Of Limitations?
Anyone dealing with an injury resulting from an accident
can feel helpless and irritated. You may face growing medical expenditures,
lost pay, and physical and mental issues from day today.
You have the right to bring a personal injury claim for
compensation as an injured party—but only for a limited time. Nevertheless, for
many wounded plaintiffs, filing a lawsuit is a crucial opportunity to be
compensated for damages they've experienced due to another's wrongdoing.
Suppose you want to file
a claim for injuries you've suffered. In that case, the statute
of limitations can affect how long you have to seek compensation—knowing how
the personal injury statute of limitations works will help you protect that
right and avoid problems with your claim(s) down the future.
How
Does The Statute of Limitations Work
In personal injury law, the statute of limitations
establishes a tough time restriction within which an injured individual must
file a claim following an accident. In general, this implies that if you want
to submit a personal injury claim, you must resolve your issue and file a
lawsuit before the statute of limitations expires.
Cases filed after the statute of limitations has expired
are usually dismissed because the right to suit has passed—but there are
certain exceptions.
State
Statutes Of Limitations For Personal Injury Cases
A statute of limitations is present in every state.
Depending on the form, the law of rules might vary from one to six years.
Aside from the state you live in, the sort of claim you
intend to make may have an impact on the amount of time you have. For example,
most jurisdictions have personal injury statutes of limitations; however, some
states have lengthier deadlines for filing certain lawsuits, such as defamation
or sexual assault, or lower deadlines for filing medical malpractice claims.
If you wish to file a claim but are unsure about the
statute of limitations, you should consult with an expert personal injury
lawyer for legal guidance specific to your case.
When
does the time limit for filing claims begin?
In most personal injury cases, the statute of limitations
begins to run on the day you were injured.
For example, if you stumbled in a puddle of water at your
neighbourhood supermarket and damaged your back, the statute of limitations
would usually start running on the day you were injured.
Exceptions
To The Limitation Period
Rarely do circumstances arise that allow a plaintiff or
injured person to file a claim after the ordinary statute of limitations time
has passed. These exceptions differ by state and usually necessitate a
fact-specific investigation.
The
“Discovery Rule” Exception
The "discovery rule" exception to standard
statutes of limitations allows an injured party more time to file a legal claim
if they did not know (and had no reasonable way of knowing) that they a) were
injured and b) were injured as a result of the potential defendant's actions
until after the original statute of limitations had expired.
According to this rule, the statute of limitations does
not begin to run until the victim understands, or reasonably should realize,
the injury and its source. Because it can take years to recognize a link
between an occurrence and the consequent damage, this exception can apply to
cases involving hazardous exposures or pharmaceutical drugs.
Example
of Discovery Rule
Assume your state has a three-year statute of limitations
for all personal injury cases, as in a hazardous exposure case. However, your
state has a discovery rule that states that the statute of limitations does not
begin to run until the plaintiff knew (or reasonably should have known) that
they had been harmed and knew (or reasonably should have known) the cause of
the harm.
You buy a property in 1980 and are diagnosed
with mesothelioma, a type of lung cancer caused only by
asbestos exposure, in 2000 (20 years later). According to testing, asbestos is
present in your home, and it has been flaking into the air since you acquired
it in 1980.
This information lets you recognize that you had severe
injuries in 2000 and that your damage is due to asbestos exposure. Even though
the state's usual three-year statute of limitations for personal injury claims
has passed by the year 2000, the discovery rule exception may still allow you to
file a case for your damage.
It's vital to remember that for this exception to apply,
the delay in discovering you have severe injuries and the cause of that injury
must be considered reasonable. For example, suppose you had health problems a
month after moving into your house in 1980, but you refused to consult a doctor
for several years.
Given that you may reasonably have known about your
damage and the asbestos that caused it within the original statute of
limitations date, this could result in your case dismissal.
Other
Exemptions
While the defendant is out of state, most states provide
an exception that allows the deadline for filing a personal injury case to be
halted or "tolled." If a defendant causes an accident in which you
had severe injuries and subsequently leaves the state for any reason, the
statute of limitations "clock" is tolled or stopped for the duration
of that time.
Let's say the statute of limitations for filing
personal injury cases in your state is four years. If you had injuries
in a car accident and the at-fault party or person who caused
the accident leaves the state for two years, your injury deadline would extend
by two years (or six years total).
Other situations where a state's ordinary statute of
limitations may be extended include where the injured party is:
·
a minor (under 18 years of age)
·
mentally ill, disabled insane
It's crucial to remember that there are other exceptions,
and some states don't have any of the above exceptions. As a result, if you're
unsure how long you have to file a claim or how the statute of limitations may
affect your case, you should seek legal advice from a personal injury attorney.
Contact
Hartford personal injury lawyers
If you have severe injuries due to someone else's
negligence, you must protect your right to seek compensation. Do not wait until
your statute of limitations has expired before filing a claim. For a
confidential free consultation or assistance with filing your injury claim,
contact our experienced team of Hartford personal injury
lawyers immediately.
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