If you believe you have a viable personal injury case following an accident, it’s critical to be aware of the statute of limitations, which is a state law that places a strict time limit on your ability to file a lawsuit.
What Is the Statute of Limitations and How Does It Work?
All states have enacted statutes of limitations, which establish stringent deadlines for the filing of various types of litigation in the civil court system of the state. Personal injury cases are subject to a statute of limitations in almost all states. Whatever statute of limitations affects your case, if you try to file a lawsuit after the deadline has gone, the case will usually be rejected. There are a few exceptions that can effectively prolong the time for filing, but they’re uncommon.
The statute of limitations in a personal injury case normally starts on the day you were injured. In a vehicle accident case, for example, it’s the date of the collision.
Personal Injury Cases: The Standard Statute of Limitations
Depending on the state, the statute of limitations for personal injury cases might be as short as one year or as long as six years. Check your state’s statute of limitations for further information on the law in your area.
The “Discovery Rule” is a concept that has been around for a long time. The Statute of Limitations is not applicable in this case.
For an injury case, most jurisdictions have some type of rule exceptions about “discovery” to the regular statute of limitations date. In general, the discovery rule lengths the filing deadline in cases where the injured party did not know that they had been injured, and/or that the actions of the possible defendant may have caused the injury… until after the original statute of limitations deadline had passed. This is a more common occurrence than you might imagine.
The Following Is An Example Of The Discovery Rule
Let’s say your state has a two-year statute of limitations for personal injury cases, but a discovery rule states that the statute of limitations in a personal injury case does not begin to run until the plaintiff: 1) knew or had sufficient notice that he or she was injured, and 2) knew or had sufficient notice of the cause of the harm.
Let’s imagine you were exposed to asbestos in your basement’s pipe insulation, and 20 years later, you acquired mesothelioma, a type of lung cancer caused only by asbestos exposure. Your doctor inquires as to whether you have any asbestos in your home. The pipes in your basement include asbestos insulation, which has been flaking off for the whole period you’ve been on the property, according to testing.
Because the statute of limitations has likely passed (though your lawyer may argue that continued exposure equals ongoing injury), you may be forced to rely on the discovery process to file a personal injury claim based on your asbestos exposure. So your argument would be that the “clock” on the statute of limitations didn’t start ticking until your doctor notified you that your lung cancer was caused by asbestos exposure.
Additional Options for Extending the Standard Deadline
In most states, there are various different options for extending the statute of limitations. In most places, the statute of limitations “clock” will pause if the defendant leaves the state for any period of time after causing the accident that resulted in your injuries. So, if the statute of limitations for filing a personal injury claim is three years and the defendant remained out of state for a year after the accident, your case’s statute of limitations would be prolonged by another year.
If the plaintiff is a minor, disabled, or mentally ill, special lawsuit-filing rules may apply.
If you have questions about the statute of limitations and how it pertains to your possible case, or if you need injury claim help, you should speak with a knowledgeable personal injury attorney.