About 57 million people in the US visited a doctor’s office for an injury in 2018. Someone else’s negligence caused many of those injuries. If this applies to you, you have only a limited amount of time to file your claim before the statute of limitations on personal injury expires.
Filing a claim is the best way to get your medical bills paid and get your life back on track. But if you don’t file within the allotted time frame, you could lose your right to compensation. Read on to learn more about the statute of limitations for personal injury claims so you can file within your state’s deadline.
1. Prompt Resolution of Claims
The statute of limitations is a time limit on filing a lawsuit. It exists to ensure that cases are resolved in a timely manner.
The federal statute of limitations is 5 years. Each state has its own statute of limitations, which can differ from the federal limit. For example, the statute of limitations for personal injury cases in California is two years.
2. Exceptions to the Statute of Limitations
There are exceptions to the statute of limitations. For example, a minor can sue another person or company up to two years after becoming an adult.
The same is true for people who are incapacitated. The court suspends the statute of limitations until the person can file a lawsuit with a sound mind.
Another exception applies if someone has concealed information. This can come into play in cases involving fraud. The court may extend the statute of limitations to five years or remove it.
3. Different Statutes of Limitations for Different Personal Injuries
The statute of limitations for medical malpractice is different from that for car accidents. The statute of limitations for wrongful death differs from all the others. Let’s break it down.
Medical malpractice has a specific statute of limitation in every state. This varies from two to six years and depends on the type of injury.
Car accidents have different statutes based on where you live. Some states refer to these as negligence laws.
A personal injury lawyer can help you decide when’s the right time to file an auto accident claim. You can view these pros and cons of hiring a lawyer to see whether it’s worth it for you.
A family member can file a wrongful death claim within two years of the time of death. If you hire a lawyer, they can request an extension of time. This is done so that evidence and witness statements may be gathered properly.
Note Your State’s Statute of Limitations on Personal Injury Cases
The statute of limitations on personal injury cases varies by state. A lawyer can help you determine the statute of limitations for your case and whether it has expired. If it has, you may still be able to file a claim if there’s evidence of fraud.
State laws are ever-changing, so keep yourself informed with our news section. You’ll find the latest information on state laws and politics here.
