Featured News 2014 All about the Statute of Limitations in Personal Injury Cases

All about the Statute of Limitations in Personal Injury Cases

If you want to seek compensation after an accident which caused injury, you will have to adhere to the statute of limitations that is honored in your state. This is a time limit that you will have to file your lawsuit. According to each state government, there is a time limit that each victim has to file a lawsuit.

The clock starts ticking the moment that the individual gets injured. At the time that the statute of limitations expires, individuals are no longer able to file a legal claim to get compensation for his or her injuries. Every state has its own statute of limitations. In some areas, this is limited to only one year, while in other states victims have as many as six years file.

In some states, the type of personal injury claim may have a different time limit. For example, in some states claims involving minors can have longer time limits. The statute of limitations in a lawsuit for injuries to a minor normally doesn't start until the child turns 18-years-old, so this can give a family a lot more time to file the lawsuit.

For example, if a 15-year-old girl is injured in a slip and fall accident at her school, and the state statute of limitations is one year, then the family has four years to file the lawsuit because their daughter has three years before she turns 18. In some states medical malpractice cases are governed by a separate statute of limitations and this can be shorter than the limit for all other cases.

The majority of states in the United States have their statute of limitations set at two years. States that have a statute of limitations set at one year are Louisiana, Kentucky, and Tennessee. North Dakota and Maine allow individuals to file a lawsuit for up to six years after the incident, though North Dakota only has a two year statute of limitations for wrongful death cases. In Wyoming, Utah, Nebraska, and Florida, individuals can file a lawsuit for up to five years after the accident.

While the statute of limitations is honored in most cases, there is one great exception. This is called the "Discovery of Harm" rule. This rule applies when the injured individuals does not know about his or her injuries immediately after the accident. For example, if an individual suffers cancer years after radiation exposure at a chemical plant, then this would be a "discovery of harm" case. The individual's statute of limitations for the injury would start at the time that the injury was discovered, rather than at the time that the employee was exposed. Discovery of harm is a rule that is also applicable to many medical malpractice cases, where individuals may not discover the errors from a previous surgery until later on in life.

If you have a personal injury lawsuit and would like to seek compensation, then you need to talk with a skilled local personal injury attorney. You can use this directory to help you identify a trustworthy attorney who can help you in your case. With the right lawyer there to help you, you can be sure that you are getting the assistance that you need. You will be able to make sure that you are filing within the allotted statute of limitations or may be able to invoke the discovery of harm rule if this is applicable to your case. Don't hesitate to locate an attorney using this directory right away and to start your quest for compensation after an injury!

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