Personal Injury Statute of Limitations
If you have suffered personal injury because of medical malpractice, an automobile accident, unsafe premises, or another cause, the time you have to file a lawsuit is limited. Once this time limit, or statute of limitations, has passed, you cannot press charges or sue for your injuries. There are several factors that determine the statute of limitations.
State Law
Each state has its own statute of limitations, and you may have one year, two years, or more, depending on the state in which you live. Contact an attorney as soon as possible, since personal injury attorneys remain abreast of their state’s statute of limitations.
The Type of Injury
Many states have specific time limits for different types of personal injury cases. For example, accidents involving product liability and wrongful death each have their own specifications.
Age of the Parties Involved
Depending on state law and on the type of injury, if a minor is injured, the countdown for pressing charges typically does not begin until he or she turns 18. On the other hand, medical malpractice may have a shorter time limit if a minor is involved.
Injury Claims against the Government
Persons filing a claim against a federal, state, or local government entity or employee or affiliate must notify the government that charges are being filed (the notice of claim) within as few as 60 days of the injury.
When the Injury was Discovered
For most personal injury claims, the time limit for pressing charges starts on the day of the event that caused the injury. Alternatively, under the “discovery of harm” rule, the statute of limitations begins when the injured became (or should have reasonably become) aware of the injury and its cause.
Contact a Personal Injury Lawyer
If you have suffered personal injury, you may be entitled to damages for your injury. However, your time for filing a claim is limited. Locate a skilled attorney in your area to make sure you meet your state’s statute of limitations for pressing charges.