Brain Injury Statute of Limitations

A brain injury lawsuit must be filed within a certain amount of time after the accdient that caused the injury or, depending on the state, the discovery of the injury. Once this time limit has expired, the victim or his or her family is no longer eligible to file a lawsuit. This time limit, called the statute of limitations, was created to ensure that legal action commences before memories begin to fade and evidence degrades, as well as to protect defendants from being forever at risk of a lawsuit. Since the statute of limitations for a brain injury lawsuit varies from state to state, hiring a brain injury lawyer immediately is essential to making sure you meet the time limit.

When does the statute of limitations start?

Depending on state law, the statute of limitations for a brain injury lawsuit can start:

• When the injury occurs. In some states, the statute of limitations begins on the date of the accident that led to injury. For example, if the brain injury occurred in an auto accident, the statute of limitations would begin on the date of the crash.
• When the victim discovers he or she is injured. Some states’ statute of limitations begins when the injured becomes aware of his or her brain injury. This statute is helpful, since the full extent of damage may not be evident until a significant period of time has passed.
• When the disability caused by the injury is removed. Some states lift the time limit during the time in which a victim is incompetent or disabled and replace the limit when the disability is removed (by the victim’s recovery or by appointment of a guardian).

A Note about Lawsuits against Government Entities

Lawsuits filed against a government entity require that the plaintiff file a “notice of claim” (notifying the defendant of the lawsuit) within a certain amount of time. If this time limit is not met, the lawsuit will be dismissed even if it is filed within the statute of limitations.

Find a Brain Injury Lawyer near You

If you or a loved one has suffered a brain injury, you have a limited amount of time in which you may file a lawsuit. Use LawyerShop to locate an experienced brain injury lawyer in your area who can help you meet your state’s statute of limitations for filing a lawsuit.