Statutes of limitation are not something everyone’s familiar with, and even those who think they are often have misconceptions about them. Understanding the statute of limitations is essential if you’ve been involved in a case where you have suffered a significant injury. If you miss the statute of limitation, this could mean that you won’t be able to get compensation no matter how bad you were injured and for how long you’ll have to suffer the consequences. Let’s take a look at a few things you have to know about statutes of limitation to avoid issues.
When the Statute of Limitation Begins
To know how long the statute of limitation lasts, you have to know when it begins. In cases like slip-and-fall or road accidents, the statutory limitation period will begin the minute you were injured. How long after an accident do I have to file a claim? It all depends on the state where you live. This could be anywhere from 1 to 6 years, so we would strongly suggest you speak with an attorney in the state as soon as possible to know how long you have left to file if you haven’t already. Missing the limitation deadline by even a day could make it impossible for you to get compensation, so mark down the day of the accident and make sure you have documentation to prove it. Always look for a personal injury attorney near me to find one that knows limitations and when to file your claim.
Are There Exceptions?
Yes, there are. Some states will allow for the statute of limitation to be delayed if the person discovered that they were injured after the deadline. Or they may find out that another party was responsible. In this case, you could also get an extension.
Discovering an injury after the end of the statute of limitation is more common than you think. This often happens in malpractice cases, or when people were exposed to harmful agents, like asbestos, for instance. Delayed discovery could mean that the statute of limitation period will start from the time the injury was discovered.
There are also cases when the limitation period will be extended if the other party was physically incapacitated and couldn’t file a suit. This could be because the person was in a coma, or was mentally disabled. Some claimants may have severe psychiatric issues or be incarcerated. In all these cases, a delay might be given.
Protecting Your Rights to Compensation
If you were injured as a result of someone else’s negligence, you have to check the statute of limitation in the state where it occurred. You also have to check what the period is for your specific injury.
While the statute of limitation will vary depending on the state, you should have more than enough time to press action. States like Louisiana and Kentucky will only give you one year, but most are around the 2 to 3 years mark. If the deadline is looming, start a lawsuit immediately as it will suspend it. If you weren’t sure how statutes of limitation worked, this should help. The most important thing to remember is that should work with someone who will be able to process your case as soon as possible and be ready to fight for your right to be compensated.