The National Safety Council reports that there were 222,698 deaths resulting from preventable injuries in 2023. This is a 1% decrease from the year before. The figure demonstrates how frequently accidents alter lives and how important it is for the victims to be aware of their legal rights to monetary compensation. The statute of limitations is one of the most important of these laws.
In personal injury cases, statutes of limitations are very important since they often decide if a victim can even receive compensation. In the U.S., each state has its own deadlines for filing. For instance, under the California personal injury statute of limitations, an individual is given two years to file a civil lawsuit for personal injury. Failure to meet the deadline will mean losing the right to payment.
These deadlines are rigid, but the law, at times, recognizes that it is unfair or even impossible for a person to file at the stipulated time. If you’re in a personal injury claim, knowing these exceptions will help.
Let us now examine these exceptions and see how they could influence the result of your personal injury case.
Understanding Statutes of Limitations
Laws governing personal injury cases set a deadline for filing claims following an injury occurrence. There are certainly limits, which vary from one to six years, depending on the place you live and the nature of the injury.
If you don’t file your claim on time, you lose your right to compensation. These perceptions are very common in people’s minds since the process you are involved with is the same for lawyers and clients alike.
Simple information about these rules can provide a person with power and help him or her take control of his situation. According to personal injury lawyer Paul J. Cox, finding an attorney who has successfully handled cases like yours previously will be beneficial. This ensures that your attorney’s abilities and resources match the requirements of your case.
Exceptions for Minors
Statutes of limitation tend to be quite convoluted in cases involving minors and personal injuries. A parent or guardian should know that deadlines for filing may not apply in the usual way. The clock starts when the minor is recognized as an adult, usually at 18.
So, if your son or daughter gets injured, you could possibly ask for more time for them. This viewpoint allows you to focus on your child’s recovery instead of deadlines.
A legal professional can guide you through these exceptions, guaranteeing your child’s access to justice.
Discovery Rule
The discovery rule goes hand-in-hand with the time for filing your claim for personal injury. The rule stipulates that the filing deadline begins when the individual becomes aware of their injury and understands its cause.
That means actual filing times can be longer than one originally thought, especially in cases wherein no injury was spotted at the scene. The injury discovery rule would be your lifeline in getting your case heard if you were in a mishap and were not aware of your serious injuries until a couple of days later.
Stay current on personal injury laws and consult a lawyer so that you don’t miss out on your rightful claims and other recovery options.
Delayed Injuries and Medical Conditions
You may feel fine after an accident, but some injuries or medical conditions may not show right away. This delay will only complicate your personal injury claim.
When this scenario happens, it could be challenging to link the accident directly to your condition. So whenever you feel strange pains or symptoms, seek attention immediately. If you submit your claim later, the supporting documentation will still favor your request.
Seeking assistance from friends, family members, or experts who might have had similar experiences can be a good option.
Government Entity Claims
When you’ve sustained injuries caused by the actions of a government entity, negotiating the claims process can prove quite complicated. In a typical personal injury case, you are given a longer period to file claims, whereas for claims against the government, you often have only about 6 months to submit your claim.
It is wise for you to know the law specific to your jurisdiction since variations are broad. You may feel alone at this time, but you certainly are not. Evidence gathering is important in personal injury cases, so you need to have an organized and secure record.
Having a lawyer by your side will give you a sense of support.
Being up to date with the case and participating actively will be a major factor in helping you receive the compensation that is rightfully yours.