PERSONAL INJURY 101: Statute of Limitations for Filing a Claim

PERSONAL INJURY 101: Statute of Limitations for Filing a Claim

When individuals find it necessary to file a claim for an accident or personal injury, it can be a stressful experience. High emotions and uncertainty after an injury can be typical for most people. In addition, they may be facing serious issues like not being unable to perform their job, pay their bills on time, or get the medical care they need.

It’s important to know that there is a time limit on filing a personal injury case, and when lawsuits develop from an accident they are subject to a legal rule known as the statute of limitations.

It’s also important to know, that any legal claim filed, must be filed according to specific statute of limitation rules. The right to sue for an injury can be lost if an individual fails to file their claim according to the statute of limitations.

The rules can vary contingent on the state in which a claim is filed. Each state can establish its own specific time limit for filing a personal injury claim, and depending on the state, limits can range from one up to six years. If a minor is injured, the time limit for filing charges does not usually begin until they turn 18-years old.

The time period stipulated by a statute of limitations begins when a plaintiff knew that they suffered harm, including the nature of the harm they sustained. This is known as the discovery of harm rule. This rule applies mainly to personal injury claims for medical malpractice and other similar conditions when an injured person may not be aware of their injuries for some period of time, such as a surgeon leaving a foreign body in a patient’s surgical site.

Individuals who plan to file a claim against any state or federal government are required by law to notify them that they propose to file a claim within 60 days after an accident.

When it comes to understanding the laws for time-sensitive personal injuries or accidents, many people find it an overwhelming task, but it does not have to be that way when there are professionals that can help clients navigate the system.

It is important to contact an experienced personal injury lawyer promptly when an injury has occurred or when an injury has been discovered. A professional lawyer can help clients avoid the possible difficulties as they pertain to the specific injury and state.