ESPAÑOLA statute of limitations is a law that establishes a time limit for filing a lawsuit or prosecuting a crime. In personal injury cases, you only have a limited amount of time from the date of the injury or accident to pursue legal action and seek compensation.
In any case, the time limit set by the statute of limitations can vary based on many factors. The location of the incident, people involved, type of accident, and more can change the time you have to file a claim. It can be challenging to determine the time limit specific to your case without the help of an experienced attorney.
At George Sink Injury Lawyers, our award-winning attorneys have numerous years of experience helping personal injury victims seek the compensation they deserve. To increase your chances of securing a positive outcome for your case, the best course of action after an injury is to contact an attorney for a free case review.
What Is the Purpose of a Statute of Limitations?
There are three reasons why statutes of limitations are necessary.
First, these statutes ensure reasonable diligence. Reasonable diligence means that lawsuits should be filed as soon as reasonably possible after the injury. Having statutes of limitations increases the likelihood that lawsuits are dealt with in a timely manner.
A statute of limitations also helps preserve facts and evidence. Since much of the evidence for these cases is based on people’s memory, waiting too long before initiating a lawsuit can result in missing information, conflicting testimony, and inaccuracies in witness accounts.
Finally, statutes of limitations help prevent malicious or frivolous lawsuits. Setting time limits stops people from harassing others by filing lawsuits on old claims.
How Long Do I Have To File a Personal Injury Claim?
How long you have to file a personal injury claim depends heavily on the facts and circumstances of your case. Each state has its own statute of limitations on injury claims, so the location where you were injured matters. In most cases, the time on the statute of limitations starts running on the day of the accident or injury.
Are There Any Exceptions to Personal Injury Statute of Limitations?
It is possible for you to “toll” the statute of limitations for your case, meaning that your deadline to negotiate a settlement or take other legal action for your personal injury can be extended. While there are several rare circumstances where the SoL can be tolled (e.g., the discovery rule or fraudulent concealment), the way you’d most likely be able to extend the SoL is by filing a lawsuit.
As long as you file a lawsuit against the defendant before the SoL deadline applicable to your case, you may be able to gain more time to take legal action. However, filing a lawsuit is only a piece of the puzzle when attempting to extend the SoL for your case. After filing, you must also show reasonable diligence in pursuing a resolution to litigation. This means you must demonstrate consistent and persistent efforts to resolve your case; otherwise, the defendant could argue that the SoL has expired and the lawsuit should be dismissed even if it was filed on time.
What if I Miss the Statute of Limitations Deadline for Filing a Personal Injury Case?
Unfortunately, if you do not file a lawsuit before the statute of limitations has passed, you will not be able to recover any compensation or damages. This is why it is incredibly important to file a lawsuit as soon as possible after you have been injured if you intend to seek compensation.
Don’t Let the Personal Injury Statute of Limitations Run Out. Call Now.
Contacting an attorney as soon as you can after your injury or incident is the best way to avoid losing out on compensation due to the statute of limitations.
Georgia Sink, P.A. Injury Lawyers is a steadfast advocate for those who have been injured due to someone else’s negligence. We’re here to provide personalized legal help in your time of need and to seek maximum compensation on your behalf. After an accident, the last thing you should have to worry about is navigating a legal maze and meeting deadlines to file your claim. Let us take on your legal burdens and handle negotiations so you can focus on recovery.
We’ve helped more than 50,000 injured or disabled individuals seek compensation for medical bills, lost wages, and pain and suffering. Call us today for free, no-obligation case review.
