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.