Statutes of Limitations in Spinal Cord Injury Cases

Depending on the state and its personal injury laws, there is a certain time period in which plaintiffs must file a lawsuit before they lose the legal right to do so. This is known as the statutes of limitations; it varies from state to state and is usually between one and three years. The statutes of limitations can also depend on what kind of claim is being filed. It begins from the time that the person becomes injured.

In certain cases, the plaintiff doesn’t realize they have suffered a spinal cord injury right away; it may take a few weeks for them to develop serious symptoms or pain, and receive a spinal cord injury diagnosis. The statutes of limitations could begin when the plaintiff discovers their injury, depending on the state and personal injury laws in that area.

If a Minor Is Injured

The statutes of limitations are longer for a minor (under the age of 18). Depending on the state, the statutes of limitations may not begin until the minor turns 18. For example, if the statutes of limitations for the particular state are two years, the minor would have two years starting on the date they turn 18 years old. If the minor is 12 when they are injured, they would have a total of eight years to file a claim -- six years until they turn 18, plus the normal two years set by the statutes of limitations.

Filing a Claim Against the Government

The statutes of limitations for claims against the government are shorter; injured parties have a tighter time period in which to file a lawsuit against a government entity they feel has been negligent. This prevents an exorbitant amount of lawsuits from being filed against the government, which would cause a strain on tax dollars and the time and energy of public employees.

Consult a Personal Injury Attorney

If you or a loved one has suffered a spinal cord injury as the result of the negligence or reckless actions of someone else, you may be entitled to monetary compensation. To file a valid claim within the statutes of limitations, find a legal professional in your area using LawyerShop’s directory of personal injury lawyers. A lawyer can set up a consult with you to evaluate your claim. It’s imperative that you act quickly so that you file your case before the filing deadline and don't miss your chance to obtain compensation.