If you think you may have a valid personal injury case after an accident, it’s essential to consider the statute of limitations for personal injury. This is a state law that sets a strict time limit on your right to file a personal injury lawsuit. The statute of limitations aims to protect the defendants and facilitate a resolution to personal injury lawsuits within a reasonable timeline.
If you think you may have a valid personal injury case after an accident, talk to personal injury attorney Huntington Beach at El Dabe Ritter Trial Lawyers about filing a compensation claim before the statute of limitation applies to your case.
How Does The Statute Of Limitations Work?
All states have statutes of limitations that set strict deadlines for filing different kinds of lawsuits in the civil court system. In most states, you need to file a personal injury lawsuit within two or three years after the incident that caused the injury. You cannot file a personal injury lawsuit after the statute of limitations that applies to your case has ended. However, in some situations, the statutory statute of limitations clock may have started running later than usual or special situations might have paused the clock from running. What are some of these exceptions on the statute of limitations?
The Discovery Rule Exception
Most states apply an exception on the Discovery Rule, which extends the statute of limitations’ filing deadline. Instances that the discovery rule is applicable include when the injured person;
- Didn’t know that the potential action of the defendant might have caused the injury. A good example is asbestos cases in which mesothelioma does not show up until years after the exposure.
- Did not know that he or she was injured
It is essential to keep in mind that even when the discovery rule applies, there may be a larger deadline beyond which the filing of a lawsuit is prohibited. This means that the state might set a personal injury lawsuit-filing deadline of two years after the plaintiff discovers the defendant bears responsibility for the injury.
Other Exceptions to the Statute of Limitations Deadline
In each state, special circumstances can effectively extend the statute of the limitations filing deadline. Some of the exceptions of the statute of limitations filing include;
- The injured person was mentally incapacitated.
- The injured person was a minor
- The defendant left the state for a particular period after the accident.
Watch the Clock
Whatever the specific deadline that applies to your case, if you don’t go to court and file your case before the deadline passes, you will most likely lose your legal right to sue the one who caused the accident. In a personal injury case, the statute of limitations clock normally starts running on the day you get injured. For instance, in a car accident case, it is the date on which the crash happened.
Contact a Personal Injury Attorney
If you have questions concerning the statute of limitations and how it applies to your potential case, El Dabe Ritter Trial Lawyers have experienced personal injury attorney Huntington Beach to discuss your situation and offer you professional help.