Statute of Limitations for Personal Injury Claims - The statute of limitation refers to a legal timeframe provided by the law for an individual to file a lawsuit. Individuals need to be very careful with this because it varies from one state to another. Keep in mind that it highly affects your ability to claim compensation for the injuries incurred due to negligence by someone else. The key rule is that “time is of the essence” when seeking justice especially for personal injury cases.
There are two main reasons why the state establishes these limits. These reasons include:
Think of a scenario where someone brings up a case that happened more than four decades ago simply because they feel like the case missed out on a crucial aspect. What is the chance that the piece of evidence in question will be used effectively after all the years?
The courts have several cases to handle and if individuals/companies constantly revive old cases, you can only imagine the possible clog of cases.
Even though the time limits will vary from one state to another, it is also important to note that the different types of cases will also call for a different period to file.
This type of cases should take no more than 2years from the date of the unfortunate incident.
In California, medical malpractice cases have a limitation period of one year from the time the victim was aware of the incident.
The statute of limitation, in California, for a wrongful death case can only be filed in 2years this is counted as from the date of death.
Though there are specified periods to file this type of case, there are exceptions to the limit rules.
In the event the victim involved in the accident is a minor, then the statute can be extended. The period may be halted until the minor is of adult age because they cannot file a lawsuit in their name. It is at this point that the 2year period starts the count down.
In the event the minor was too young, let us say about 4years, then waiting for the child to get to the adult age will not make sense. In such a situation, then an adult can file on behalf of the child.
Where the incident involves a mentally incapacitated individual, the statute is altered. It is tolled in the period in which the victim is unstable.
Considering that it will be difficult to notify a defendant of a lawsuit if you cannot find their whereabouts, then the courts will toll the statute as long as the defendant is out of state.
Under normal circumstances, a claim involving government entities requires fast action requiring you to file within just 6months from the date of the unfortunate incident. First, you will file a written notice of your suit to the government entity. The entity will put your claim into consideration and they have a period of 6months to provide a response to your claim.
N/B: You cannot file a lawsuit before the government entity responds.
There are a number of factors that will influence the limitation period which may in turn affect your ability to file a case. These factors include:
Often, the limitation period starts as soon as the date of the injury rather than on the date the accident occurred. Some injuries are discovered later after an accident and this rule comes to play for injuries that were not discovered immediately.
Duty to care is the legal obligation to practice some sense of care to help prevent harm to others. A breach of this duty is likely to lead to negligence cases.
The possible compensation in some cases affects the urgency of filing a claim. You can imagine having to pay out of pocket for critical injuries immediately. It is therefore crucial to file as soon as possible to help provide some relief.
A: This refers to the time limit within which you must file a lawsuit. After this period expires, you lose your right to pursue legal action. The time limit varies by jurisdiction and the type of claim, but in general, it ranges about 2years in California.
A: The time limit to file a claim varies by state and the nature of the injury. However, in California, the time limits include:
A: In certain situations, it can be extended (also called "tolled"). Common reasons include:
A: The statute applies to most claims, including those involving:
However, there are specific exceptions, and each case should be evaluated individually by a legal professional.
A: If you fail to file your lawsuit within the prescribed time frame, you generally forfeit your right to sue. This means the court will likely dismiss your case, and you will not be able to recover compensation for your injury.
A: In most cases, the calculation starts from the date of the injury or accident. However, in cases where the injury was not immediately discovered, such as medical malpractice or exposure to toxic substances, the period may start from the date the injury was discovered (or reasonably should have been discovered).
A: Yes, the statute can vary depending on the type of injury:
A: Yes, you can settle your case before the expected time expires. In fact, many cases are settled before they go to trial. However, it's crucial to file your claim before the deadline, even if you're negotiating a settlement, to preserve your right to pursue the case in court if needed.
A: If you think you are running out of time for your claim, it’s important to take action immediately:
A: Yes, federal claims may have different statute of limitations periods than state-level claims. For example, if your case involves federal law such as a federal civil rights violation, the statute of limitations can vary. It is therefore important to consult an attorney familiar with federal law.
A: The statute of limitations depends on your state’s laws and the type of injury. An experienced attorney in the field can provide the most accurate information and help you ensure your claim is filed within the proper timeframe.
Statute of Limitations for Personal Injury Claims - The law imposes periods of time sufficient for victims to file their personal injury lawsuits. Failing to adhere to the provided time limits, you stand to waive your rights to file a lawsuit and in turn your possible compensation. Therefore, it is crucial to seek the services of a professional lawyer at La Injury Group who will guide you through the legal process to ensure that you file within the state’s statute of limitation.
Alan Van & Christian Nickerson. (2014). The Advocate Magazine - The Actual-Injury Provision and the Statute of Limitations (Legal Malpractice: Protecting Clients from Deals that take their Time to go Bad). https://www.advocatemagazine.com/article/2014-november/the-actual-injury-provision-and-the-statute-of-limitations#:~:text=California%20Code%20of%20Civil%20Procedure,be%20filed%20within%20two%20years.
California Courts Self-help Guide. Judicial Branch of California. https://selfhelp.courts.ca.gov/civil-lawsuit/personal-injury