Is There a Personal Injury Statute of Limitations?
Did you know that the longest statute of limitations is for the theft of art, which has a 20-year limitation? For most people, personal injury is the most likely legal problem to afflict them. However, statutes for this can be as little as one year.
That makes moving fast after an accident vital. Read on as we discuss the personal injury statute of limitations.
The Statute of Limitations
The statute of limitations is a law put in place to limit the time in which you can place a civil lawsuit. This prevents people from putting in claims years after an incident has occurred. The statute length can vary depending upon your state and the civil case being brought forward.
Personal Injury Statute of Limitations
In most cases, this limitation period will begin on the day you are injured. That means it is important to write down the time and date at which you were injured. State limitations can vary from one to six years. In exceptional circumstances, this time limitation may be delayed or frozen.
In many states, exceptions will also apply if a person is physically or mentally unable to bring legal proceedings forward. These could be for medical or mental disablement, anyone who is a minor or declared insane, or anyone undergoing bankruptcy proceedings.
In these instances, the statute will begin when the incapacity is no longer deemed to be an issue. In the case of a minor, they will need to become a legal adult at the age of 18 before the statute begins.
Lawsuits and Insurance Claims
The deadlines imposed by the statute of limitations only apply when a lawsuit is being brought to court. In many injury cases, insurance claims apply to the accident and this comes before a lawsuit. Many of these cases will settle out of court, meaning the statute of limitations for personal injury issue is moot.
In this instance, the lawsuit will only happen if insurance negotiations and out-of-court arrangements are not agreed upon. This means it is important to know the time you have left to launch a legal plea. If you are in talks that you feel will not reach a satisfactory end, the last thing you want is for the time to run out.
In summary, there is a personal injury statute of limitations and you need to move fast to ensure you get the best results. If insurance talks and out-of-court settlements break down, you need representations that can build strong cases, quickly.
Your first stop should be the Maguire Law Firm. We offer no fee if there is no recovery on your case, so contact us today and let us build your defense!