The statute of limitations is a state law that sets strict time limits for filing a personal injury claim in court. Each state has a different statute of limitations based on the type of claim. Since the statute of limitations is a strict deadline, failure to file a personal injury claim within the time limit can lead to dismissal of the case.
The Standard Statute of Limitations for Filing a Personal Injury Case
Different states have different statutes of limitation for filing a personal injury claim depending on the type of claim a plaintiff plans to file. The statute of limitations comes into play from the time a plaintiff sustains injuries.
Exceptions to the Statute of Limitations
There are a few exceptions to the statute of limitations in which a personal injury claim can be filed after the standard statute of limitations deadline has expired. These exceptions fall under the “discovery rule.” This rule is applicable in situations when:
- The injured person did not know that he or she was injured.
- The injured person did not know that the potential defendant’s negligent actions may have caused the injury.
In addition to the discovery rule, there are other ways in which the statute of limitations can be extended.
- If a potential defendant flees the state after the incident, the time period for filing a personal injury claim against that potential defendant will be increased.
- If the injured party is a minor, disabled or mentally ill, the time period for filing a personal injury claim against that potential defendant will be increased.
If you have been injured in an accident due to someone else’s negligence, contact a qualified personal injury lawyer immediately to make sure that you do not miss your state’s statute of limitations. At Dervishi Law Group, P.C., we are experienced in handling personal injury cases. We can successfully guide you through the process. Call 917-300-0797 or 718-619-4525 or email firstname.lastname@example.org.