The standard personal injury statute of limitations is three years, but there are exceptions and technicalities to be aware of. For instance, the discovery rule states that the statute of limitations doesn’t begin until a victim discovers their injuries or could reasonably have discovered them (known in legal jargon as “tolling”).
Other exceptions include minors and incapacitated persons and wrongful death cases.
Time Limits for Filing a Lawsuit
In personal injury lawsuits, the statute of limitations determines how long a plaintiff must file a lawsuit. In most cases, the statute of limitations commences on the day of the accident or injury. However, several issues can affect when the clock starts and how long a person has to file a lawsuit. If a victim attempts to sue for personal injury after the statute of limitations has expired, the defendant will likely move to dismiss the case. If the statute of limitations has passed, the victim will no longer have any rights to seek damages.
Statutes of limitations vary by jurisdiction. For example, medical malpractice claims against doctors and hospitals are usually two years and six months from the date of the incident.
Time Limits for Filing a Claim
The statute of limitations is the time limit to file a personal injury lawsuit. It also significantly affects how defendants and their insurance companies value your claim.
In most states, if you file a lawsuit outside the designated statute of limitations window, the courts will reject it. There are a few exceptions to this rule, however.
For example, in some cases, the statute of limitations clock will pause if the potential defendant leaves the state after causing the accident that injured her. In other cases, the last clear chance doctrine may allow you to bring a claim even after the statute of limitations has expired. If you have questions about a specific case, talk to a personal injury attorney at Wilk Law as soon as possible. They can help in reviewing your claim and advise you of your options. They can also help you stay on track by meeting critical deadlines, such as the statute of limitations for filing a lawsuit.
Time Limits for Filing a Motion
In personal injury cases, the lawsuit starts with a document called a complaint filed by your attorney and served on the at-fault party (known as the Defendant). The complaint contains all the allegations supporting your claim, how you were injured, the damages you suffered, and why the defendant is liable.
The clock begins ticking as soon as the complaint is filed. The defendant will then hire an attorney and file an answer to your complaint, admitting or denying all of the allegations or asserting defenses that support their contention that they are not liable for your injuries.
During the discovery process, both parties may file one or more motions with the court that are briefed, argued, and decided by the judge. Depending on the nature of your case and its complexity, it may take months or years for each motion to be briefed, argued, and decided.
Time Limits for Filing a Petition
Most lawsuits must be filed within a specified period, called the statute of limitations. If you file your lawsuit after this window closes, the court will likely dismiss your case.
The timeline for filing varies according to the type of lawsuit.
There are exceptions to this general rule, but a knowledgeable personal injury lawyer should be consulted about whether your case falls within one of these exceptions. You could reach a deadline with proper guidance and jeopardize your legal rights. The defendant in your case will almost certainly file a motion to dismiss once they realize that you have missed the deadline, and you may not be entitled to any compensation for your losses.
