Statute of Limitations for Personal Injury Cases

If you have suffered from an injury due to someone’s negligence or wrongdoing, it is important to understand that you only have a certain amount of time to file a personal injury case. This is due to the statute of limitations that is placed on nearly all, civil and criminal cases, including personal injury.

The statute of limitations is a time limit in which you can file your claim for damages against the other party. A statute of limitation is imposed on most cases to avoid someone coming back years later and filing a claim.

For example, if someone is in an accident but at the time feels that their injuries were not significant enough, or that their chances of getting a large settlement were not sufficient to file a lawsuit, they cannot do so later. This is to prevent someone fabricating injury years later because they feel the person’s financial situation has improved enough to pay a large claim. Another scenario could be that the injured party received another unrelated injury at a later date; in this case they cannot file against the first injury.

There are a few exceptions to the statute of limitations. Some types of personal injury may have a clause that indicates that the statute of limitations limit does not begin until the person becomes aware of the damage or injury. If you were in a car accident and it appears that you are unhurt, but find at a later date it becomes apparent that you received a spinal injury due to the accident, you may still be able to file a claim.

Another exception is in the case of a minor under the age of 18 who is injured; they may have the right to file claim once they are 18.

The statute of limitation will vary according to state, and type of personal injury case; ranging from two and six years. A personal injury lawyer can best advise you on the status of the statute of limitations for your case.