The statute of limitations presents a time limit within which a claimant can seek justice for a personal injury. Failure to observe the window may lead to dire consequences, including the dismissal of your claim and the inability to pursue further damages.
So hire a personal injury lawyer as soon as possible after the occurrence of the injury. An experienced attorney will make sure your case is filed within the required timeframe, which would spare you from losing your chance for compensation.
Consequences of Missing the Statute of Limitations
If you fail to file your injury claim within the statute of limitations, the court will most likely reject your case, even if your claim is valid.
The statute of limitations functions to force a claimant to bring their action within a reasonable time as a matter of fairness and finality. At the expiration of the statute of limitations, you are deemed to have forfeited your rights to recover injury or damages from a court.
● Loss of Legal Rights
Missing the statute of limitations means losing your right to make a claim in court for your injuries. Compensation cannot be recovered for medical expenses, lost wages, or pain and suffering due to the injuries.
● Financial Burden
Missing the statute of limitations to file can cause incredible financial hardships. Victims, not being able to recover damages, may have to struggle with their medical bills, lost income, and other financial issues. Filing early will help your claim get filed in a timely manner and help you seek compensation for your losses.
Exceptions and Considerations
While the statute of limitations would appear as a cut-and-dried barrier, there exist some exceptions in most jurisdictions. These allow, in specific cases, an extension of time to file a claim for personal injury.
Fraudulent Concealment
One exception to the statute of limitations is when the defendant intentionally concealed the injury or its cause. If critical evidence was hidden, or you were misled about the injury, the clock may not start until you discover the full extent of the harm. However, proving fraudulent concealment is complex and requires thorough investigation.
Minor Victims
In many states, if the injured party is a minor (under the age of 18), the statute of limitations does not begin until they reach the age of majority. This allows minor victims to file a claim for personal injury after turning 18. This exception ensures that minors, who may not fully understand their legal rights, are not unfairly penalized by the statute of limitations.
Disability or Incapacity
Another possible exception occurs when the injured person is incapacitated due to a mental or physical disability. If the injured party is unable to file a lawsuit due to their condition, the statute of limitations may be tolled, or paused, until the person is mentally or physically capable of pursuing the claim. In such cases, an attorney can help assess the specific facts of the case to determine whether this exception applies.
Importance of Timely Action
Time is crucial in personal injury cases, and understanding the statute of limitations is key to protecting your rights. If you are injured, it’s important to seek legal counsel quickly to ensure your case is filed within the time limit, allowing you to pursue compensation.
An experienced personal injury attorney will help you understand applicable deadlines, gather evidence, and file necessary paperwork on time. They can also guide you on specific time limits for your case, which may vary by injury or accident type, ensuring you don’t miss the opportunity to recover damages.
