If you or a loved one received injuries or other damages in an accident caused by the negligence of another person or company, you may wish to file a Personal Injury lawsuit to recover compensation for the expenses and damage claims related to that accident. Each state allows this legal action, but they all have a unique Statute of Limitations, a specific time limit in which to make those claims. The Statute of Limitations for Personal Injury cases is different, in most states, than a Statute of Limitation for other types of legal claims, such as Breach of Contract or Property Damage.
Statute of Limitations
The Statute of Limitations regulation restricts the time allowed for taking legal action in a case. Each state sets it own restrictions for filing lawsuit, and the timing generally dates back to the time when the offense took place. An official state Statute of Limitations that applies to civil or criminal cases can vary, from days to as much as ten years.
Depending on the case details, there may be other time restrictions. For example, if you are charging a government agency for injury claims, the Statute of Limitations could be as little as 45 days. This is why it is vital to your case to make your claims immediately following the incident, because if you are too late, you will not be able to file a lawsuit.
As with most legal actions, there are tons of variables that may apply to your individual situation. This is why it is important to consult with an experienced Personal Injury Attorney immediately if you might have a claim. They will know which time limitation applies to your case and help you make claims within that time period. The Statute of Limitations is generally longer for criminal cases than civil ones.
Personal Injury Statute of Limitations
For Personal Injury cases, this time limit varies, from 1 to 6 years, but averages around 2 years in most states. Each state has its own set of laws that apply to activity within their boundaries, including individual state Statutes of Limitation. For example, in California, you usually have just 2 years from the time of the injury to file your personal injury claims. In Florida, you may have as much as 6 years for the same type of claim.
These time limits usually are based from the time of the event that caused harm, but in some cases, the time limit begins when the injury is first noticed. With diseases like mesothelioma, damage was not noticed until decades after the event that initiated the harm actually occurred. In those cases, people were harmed by exposure to asbestos long before they were diagnosed with this usually fatal disease. In some cases, the Statute of Limitations allows different time limits related to the injuries, and the limit for filing at time of the event could be much longer that the limit from time of discovery of the injury.
Personal Injury Lawsuits
When someone is injured, and their injuries were caused because of someone else’s negligent behavior, it is usually possible to take legal action to recover monetary compensation to pay for certain claims. Two basic types of claims are allowed: economic (financial costs) and non-economic (other harm that does not have a set value).
You may be able to recover money you had to spend for medical treatment and care, hospitalization, insurance deductibles, therapy and other expenses that were due to that injury. Other claims may also be allowed that are non-economic, such as pain and suffering, anxiety, mental or psychological stress, loss of normal lifestyle and more.
If a loved one died in such an accident, you may file a Personal Injury lawsuit to recover funeral and burial expenses, loss of your companion, wrongful death, and other things like the calculated pain and suffering your loved one had to endure because of their injuries. Certain other claims, like property damage, may also be allowed to be included in a personal injury legal action.
Millions of Personal Injury Lawsuits are filed each year, as people are injured in traffic accidents, harmed due to defective equipment that became unsafe to use, or for other events that caused physical, mental or emotional harm. Some awards also are exceedingly high, as juries levy additional fines for punitive damages if the accident was deliberately caused or due to devious behavior. In one recent medical case judgment, the plaintiff was awarded a total of $72 million, of which $62 million was the punitive award granted by a jury. Many people participate in Class Action lawsuits that include multiple plaintiffs seeking compensation for damages for injuries due to defective equipment like bad tires or airbags, or because they suffered harm from bad pharmaceutical or medical remedies.
Personal Injury Attorney
If you believe you have cause to file a Personal Injury lawsuit for your injuries or that of a loved one, arrange for a free consultation with an experienced Personal Injury Attorney immediately. One reason for this is that you do not want to delay and then be unable to file your claim because the time limit is up. An experienced lawyer who handles many personal injury cases will be able to tell you if you have time to make your claim, and they can handle all the details to ensure that your case is properly prepared and presented.
It is always preferable to work closely with an experienced legal professional with you want justice for wrongs you have endured. Being injured due to negligent behavior can totally disrupt your life and in some cases take a life. It is through the legal system that you can find justice and obtain fair compensation for damage claims. Don’t delay in asking for legal assistance and miss a time limit for filing your claims.
Contact our experienced Personal Injury Attorney today if you have any questions or concerns about Personal Injury claims or a Statute of Limitation. We have the knowledge and legal skills you need to get the best results from settlement negotiations or courtroom litigation.