Those that have suffered any type of accident that has resulted in personal injury due to the fault of another party have the right to file a claim in civil court. However, what many individuals may fail to realize is that there may be limited time to do so. Commonly referred to as a statute of limitations, this is the amount of time that the person has to bring their case before the courts in order to receive any type of compensation and it typically begins the day in which the catastrophic event has taken place. Those that do not file prior to this specified time period are not eligible to file a claim.
How Long is the Statute of Limitations?
The statute of limitations for a personal injury lawsuit will vary depending on several different factors. This can include but is not limited to the type of personal injury and the specific state. Some states may only allow the victim a small period of time to petition the courts such as one year, while others are more generous. This is why the injured is often urged to contact an attorney as soon as possible after suffering an injury that occurred through no fault of their own. There are also some special circumstances that will affect the length of time that victims may be given to file suit as well.
What Are Some Common Personal Injuries That May Apply?
A few of the more common personal
injuries with a shorter duration to file, (typically 1-3 years), can include
automobile or boating accidents, dog bites and even slip and falls. However,
these are just a few of the things that can occur in which the victim may
choose to bring forth a personal injury lawsuit.
As previously mentioned, there are special circumstances which may apply to some accidents and the party that is at fault.
What Are Special Circumstances?
In some cases of personal injury, harm may not be immediately apparent following the accident or event. When this is the case, the statute of limitation may be prolonged. With certain types of entities such as the government and some businesses, the length of time may be shorter or longer. This often varies on how the event can be classified and the type of injury, just to name a few examples. Therefore, it is necessary to consult an attorney to know whether or not eligibility to seek compensation is an option.
Can You Still File a Claim?
How do you know when you can still
file a claim? Can you still file a claim? These are among some of the most
common questions that many victims and their families may have. Rather than do
extensive leg work and try to decipher legal jargon taking the do-it-yourself
approach, the best way to know whether or not a lawsuit can still be filed is
to contact an attorney. Even if the individual did not do so immediately as
recommended, it may not be too late to seek damages resulting from a personal
injury.