Statutes of Limitations For Personal Injury Lawsuits

Statutes of Limitations - What They Are

If you have been a victim of personal injury, you have a limited amount of time in which to file a claim. This time period, called a statute of limitations, varies from personal injury claim to claim and from state to state. All jurisdictions allow victims at least one year from the date of injury or the date the personal injury was discovered to file a lawsuit - and in most states, statutes of limitations range from one to three years. If you fail to file your personal injury claim or lawsuit before its statute of limitations expires, the defendant in your case can have it permanently dismissed for being untimely - and that means you will have forfeited you chance to receive financial compensation for your injury. A personal injury attorney can evaluate your particular case.

Exceptions to Statutes of Limitations

The only exceptions to personal injury statutes of limitations are claims against government agencies. Depending on the state, plaintiffs have from 30 days to one year to file suit. And as with any other personal injury claim or lawsuit, these will be permanent barred if not filed within this time period.

Your city or county attorney's office or a personal injury attorney in your area can inform you of the time frame during which you must file your personal injury claim or lawsuit and help you understand the law.

When Statutes of Limitations Begin

Generally, statutes of limitations are activated the day of injury. For example, if you were injured yesterday in an auto accident, the restrictive time period in which you must file your personal injury lawsuit began yesterday, as well.

However, many personal injury victims are not aware until well after they are harmed that someone else may be to blame for their injuries. In such cases, statutes of limitations become active when the injury is discovered. For example, if a surgeon leaves a medical instrument inside a patient's body and that patient seeks treatment a month later for severe pain, the statute of limitations begins the day the mistake is discovered. But if a patient delays treatment for months after first experiencing pain, the statute of limitations begins not the day he is diagnosed but rather, the day he first noticed symptoms. Delaying treatment does not extend the statute of limitations.

How to Learn More about Personal Injury Law and Statutes of Limitations

If you would like to learn more about your state's particular statute of limitations and personal injury law, contact a personal injury attorney in your area today.