Filing a timely lawsuit after being injured in one of the 39.5 million personal injury cases each year is crucial for preserving your legal rights. There are statutes of limitations that establish deadlines for taking legal action, and failing to file before the deadline could jeopardize your ability to recover compensation. Here is what you need to know about how soon you need to file a lawsuit after being injured.
Statutes of Limitations Vary by State and Type of Claim
Every state has established statutes of limitations that set legal deadlines for filing various types of civil lawsuits. These deadlines vary widely, according to both the state and the specific type of claim being asserted. For instance, the statute of limitations for a slip and fall claim may be very different from a claim for breach of contract. In Florida, for example, the statute of limitations for personal injury claims is two years, whereas for a breach of contract claim, it’s five years.
It’s important to consult the statutes in your state to determine the exact time limits applicable to your situation.
Deadlines for Personal Injury Lawsuits
For personal injury claims stemming from another party’s negligence, such as a car accident injury or a slip-and-fall accident, the statute of limitations ranges from one to six years across different states. Some states have a “discovery rule” which means the clock only starts ticking once you reasonably discovered your injury. Others use the date of the accident as the starting point regardless of discovery. Consult a personal injury attorney to determine when the deadline applies in your state.
Special Rules May Apply
The general statutes of limitations sometimes do not apply in certain situations. For instance, claims against governmental entities typically have much shorter deadlines than ordinary personal injury claims. If the defendant is a minor, the deadline may be postponed until they reach the age of majority. Wrongful death claims often have their own statute of limitations as well. An experienced lawyer can advise you on any special rules impacting your case. There are around 90,000 medical malpractice deaths each year, many of which lead to successful wrongful death claims, with 96.6% of claims settled out of court.
Options If You Miss the Deadline
It is sometimes possible to file a lawsuit after the statute of limitations has expired, through procedural mechanisms like tolling or estoppel – in Florida the statute of limitations can be tolled for up to three years if a defendant is absent from the state during that time.
Things like the defendant’s intentional concealment of wrongdoing, gaps in legal competency, or procedural technicalities can pause or delay the deadline in some cases. An attorney can assess whether exceptions like these could provide an avenue for a late filing. However, there is no guarantee of success when filing beyond the statute of limitations.
Importance of Filing Sooner Rather Than Later
To ensure you do not run afoul of the statute of limitations, it is advisable to contact an attorney and get the ball rolling on a lawsuit as soon as realistically possible. This allows maximum time to build your case, gather evidence, negotiate a potential settlement, and avoid a last-minute rush to beat the deadline. It also prevents loss of evidence over time and ensures witness recollections are fresh. Meet with a lawyer promptly after any significant injury.
The statute of limitations is not something you want to gamble with when seeking compensation for injuries and damages. Connect with a qualified personal injury lawyer in your state to learn exactly when the deadline applies to your situation.
