Statute of Limitations: Time Limits to File Personal Injury Claims

After a personal injury accident, you have to get medical care to recover from your injuries. You may be busy trying to get back to work so you can pay your medical bills. It may take months or longer before you get around to calling a lawyer.

Unfortunately, you only have a limited time to file a personal injury lawsuit. The statute of limitations limits your time to file a claim. If you miss the statute of limitations, you forfeit your claim. To ensure you file your lawsuit in time, contact a personal injury lawyer as soon as possible.

What Is the Statute of Limitations?

“Statute of limitations” is the legal term for the legal time limit someone has to file a legal claim. There are different filing deadlines for different types of cases. There are statutes of limitations for:

• Personal injury claims
• Motor vehicle accidents
• Medical malpractice claims
• Wrongful death cases
• Product liability claims

No matter what the statute of limitations might be for your case, time is always essential. Contact a personal injury attorney as soon as you can start collecting evidence before it’s gone, gathering documents, interviewing witnesses, and planning your case.

Why Are There Time Limits on Personal Injury Claims?

It may not seem fair that you have a limited amount of time to file a lawsuit after suffering severe injuries. Over time, memories fade, making it harder for parties and witnesses to remember what happened. Evidence can be lost or thrown away, making it difficult to prove or defend a personal injury claim. A time limit is a way to make sure people pursue their claims within a predictable timeline.

How Much Time Do You Have to File a Personal Injury Lawsuit?

The time limit generally begins to run from the date of the injury. If you were in a car accident on June 1st, the time frame would begin to run from the accident date.

The statute of limitations for personal injury claims depends on state law. Each state may have a different time limit for personal injury cases. Most states have a two-year statute of limitations for personal injury claims. However, other states’ statutes of limitations can be longer or shorter.

For example, the time limit to file a claim for a personal injury accident in Tennessee is only one year. In Maine and North Dakota, the statute of limitations period for personal injury claims is six years.

Can You File Your Lawsuit One Day Late?

The statute of limitations laws can be harsh. If you file your lawsuit even one day late, you may lose out on your cause of action. If the courthouse closes at 5:00 p.m. and you show up at 5:01 p.m., it could mean that you will recover nothing from your injuries. This is why it is important to talk to an experienced attorney as soon as possible.

Are There Exceptions to the Statute of Limitations?

Even though the statute of limitations is strict, there are some exceptions. Exceptions can vary by state. Ensure you get legal advice from your attorney before relying on any exceptions. Common exceptions include:

The Discovery Rule

The discovery rule may apply when the injury is not discovered until later. A typical example involves surgical items left behind in a medical malpractice patient.

If a surgeon leaves behind surgical tools inside a patient, the patient may have no idea. The patient may feel pain or suffer infection around the surgical site. Personal injury law recognizes that it may take months or years before the injured party finds out the cause of their pain.

Under the discovery rule, the time runs from when the victim discovered or reasonably should have discovered the injury. However, some states limit the kinds of cases eligible for the discovery rule. Other states put a rigid timeline for lawsuits, even if the injuries were discovered later.

The Injury Victim Is a Minor

In many states, there is additional time when the injury victim is a minor. The statute of limitations may not run until the individual turns 18. For example, if the statute of limitations is two years, a minor may have until they reach the age of 20 to file a lawsuit.

The time limits for minors depend on state law. Talk to your personal injury attorney if you have questions about how long you have to file a claim if your child was injured in an accident.

Can the Time Limit Be Shorter Than the Statute of Limitations?

Sometimes, the time limit can be shorter than the statute of limitations. Some governments put a shorter time limit on claims against government agencies or employees.

For example, if you want to file a personal injury claim against a New York City agency, you must file a notice of claim with the city government within 90 days of the incident.

Contact a Personal Injury Attorney as Soon as Possible

Don’t risk having the window close on your personal injury claim. After an injury or auto accident, contact your personal injury attorney to talk about your case. For more information on the statute of limitations for your legal action, talk to a local personal injury lawyer.