What is the statute of limitations?
- June 30, 2016
If you’re the victim of a personal injury, then you may be eligible to get compensation. Unfortunately, in order to file a lawsuit to get that compensation – you must file a claim within a period of time. If you don’t, you forfeit your right to file a claim – and get that compensation. Each state has different deadlines, when it comes to filing a personal injury lawsuit. The statute of limitations is very strict, and there are no exceptions to it. Many victims often lose their opportunity to get compensation because they don’t file a lawsuit in time. The statute of limitations is applied to your case from the day you experience your injury. This time limit can range anywhere from 1-6 years, depending on your state. If you’re intending on suing the government, the statute of limitations is typically much less.
The statute of limitations can be extended in some cases. With the discovery rule, the deadline to file a personal injury claim can be extended if the injured person wasn’t aware of the injury. If it was only discovered after the statute of limitations that the defendant had a part in causing the injuries – this can be a cause for which the statute of limitations can be extended.
Another example where the statute of limitations may be extended – is where there is delayed symptoms. If you have been exposed to a chemical which didn’t create symptoms until many years, then the discovery rule would come into play. Even though the statute of limitations may have passed years ago – it can allow you to get compensation for your injuries.
In addition to the ways mentioned above, there are other ways to extend the statute of limitations. In the event the responsible party left the state after committing the injury – then the statute of limitations are temporarily frozen, while the party is outside of the state boundaries.
The statute may also be extended in the event the plaintiff was under the age of 18, mentally ill, or has a disability.