Imagine you’re in a car accident. The other driver is at fault, and you’re injured. You have mounting medical bills, lost wages, and pain and suffering. You want to file a personal injury lawsuit to get compensated for all that you’ve been through, but there’s one problem.
The statute of limitations is about to run out, and if you don’t act fast, you won’t be able to sue. This is a harsh reality for many personal injury victims. A personal injury lawyer can help you file your case before the deadline.
Why You Should Take Legal Action Immediately After an Accident
There are many reasons why you might not want to wait too long to file a lawsuit. First, the sooner you file, the fresher the evidence will be. If there were witnesses to your accident, for example, they might not remember exactly what happened if you wait too long to sue.
Second, if you wait too long to sue, the defendant might argue that your injuries aren’t as bad as you claim because you waited so long to seek treatment. They could also argue that your injuries are pre-existing and unrelated to the accident.
Lastly, if you wait too long and the statute of limitations expires, you will no longer be able to get any compensation for your injuries—no matter how severe they are. Therefore, if you’ve been injured in an accident, don’t wait too long to speak with an attorney about your case.
What Is the Statute of Limitations?
The rule of limitations is the time frame you can file a lawsuit. After this time frame expires, you can no longer file a lawsuit for that particular incident.
Depending on the type of case and the state where it occurred, the statute of limitations varies. For example, the statute of limitations for medical malpractice in New York is two and a half years from the date of the incident.
It is essential to act fast and consult with an Andrew Pickett personal injury attorney if you think you may have a case. An attorney can help determine if you have a valid case and establish the statute of limitations for your particular incident.
If the statute of limitations is close to expiring, an attorney may still be able to help by filing an extension or working with the court to create a lenient timeline.
When Does the Statute of Limitations Start?
The statute of limitations is the time frame you can file a lawsuit. The clock starts ticking as soon as injury or harm occurs. For example, if you’re in a car accident, the statute of limitations for filing a personal injury claim starts on the date of the accident.
There are different types of statutes of limitations, and they vary by state. In some states, the statute of limitations for filing a personal injury claim is two years from the date of the injury. In other states, it may be as long as four years.
It’s important to note that the statute of limitations is not the same as the time frame you have to file an insurance claim. Your insurance company may have deadlines for filing claims, which may be shorter than the statute of limitations.
What Are Some Exceptions to the Statute of Limitations?
Some exceptions to the statute of limitations may allow you to file a lawsuit even if the deadline has passed. These exceptions include the following:
- If the defendant has left the state or country
- If the defendant is a government entity
- If the defendant is hiding or concealing themselves
- If the crime was committed against a minor
- If the victim is mentally disabled
Contact a Personal Injury Lawyer
If you’ve been injured due to someone else’s negligence, you must act quickly and consult with an experienced personal injury attorney to discuss your legal options. Don’t let the responsible party get away with their actions; contact a personal injury lawyer today to learn more about how to proceed with your case.
