Understanding Personal Injury Statute of Limitation
By: Mesriani Law Group | Posted: 13th April 2010
Filing a personal injury lawsuit against an offender is a good idea because you will be able to exercise your rights. However, there are certain limitations and considerations that you should first fulfill to carry on with your complaint.
The personal injury statute of limitation is a set of laws that limits the amount of time a complainant can file a civil case. There are several factors that affect these deadlines such as:
• The type of claim
• The location or state where the claim was filed
• The court where the lawsuit was filed (federal or state court)
If you failed to file the claim within the statutory deadline, you will lose the right to sue the offender. That is why it is important to seek legal advice as soon as possible to help you prepare relevant documents that will help your case. Be sure to get the services of a trusted and experienced attorney to guide you through the proceedings.
Usually, a complainant has at least a year from the date of the event to file a personal injury lawsuit. Refer to the following list to know the different limitations for certain types of claims:
• Personal injury claims caused by negligence - One to two years after the incident
• Personal injury claims caused by intentional wrongdoing - From one to six years
• Medical malpractice
discovery of injury - Six months to three years
occurrence of injury - One to four years
• Violation of oral contract - Two up to six years
• Violation of written contract - Three up to six years
• Claims and complaints against government-related companies and agencies - Usually less than a year
Once you have filed the case, the statute of limitation will not anymore interfere with the duration of time before the case will be resolved. However, states usually have "diligent prosecution" laws that requires certain cases to be resolved within a given time period. Court claims that are not resolved after the given deadline will be automatically dismissed.
There may also be some instances that the statute of limitations will be extended. Here are some of the reasons:
• If the plaintiff was not aware that an offense occurred
• The victim is a minor, thus he will have to wait until he reach the age of majority to file a personal injury claim
Like any other group or company, government agencies and departments can also be sued. Typically, the complainant will have 60 days to file the lawsuit. During this time, having an attorney will come in handy when it comes to processing and preparing several documents for your case. However, if you fail to file your claim within the given deadline, the defendants will have the right to file a "motion to dismiss" which means the lawsuit has already "expired".
For issues involving personal injury such as statute of limitation, consult with our experienced personal injury attorneys. Visit our website and avail of our free case analysis.
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Tags: amount of time, six months, time period, occurrence, several factors, legal advice, relevant documents, six years, duration, medical malpractice, negligence, prosecution, personal injury lawsuit, civil case, complainant