You may have heard of the “statute of limitations” if you’re considering filing a personal injury claim following an accident. Perhaps you’ve heard that following this guideline is critical to your claim’s success. But what exactly is a statute of limitations, and how do these regulations relate to a personal injury claim? What are the ramifications of not adhering to the statute of limitations?
What is the statute of limitations?
Simply explained, a statute of limitations is state legislation that limits a potential plaintiff’s ability to file a case in court. If you wait too long to file your civil lawsuit, you may effectively forfeit your right to have your case heard by the court. In the context of a personal injury lawsuit, this implies filing a personal injury complaint in civil court.
Different deadlines to file Statue of limitations
In its state codes, every state has specified statutes of limitations, with varied deadlines for different types of civil claims.
In most jurisdictions, the wording in the code of laws specifies a precise deadline for personal injury claims, albeit that language, like the particular filing date for personal injury cases, might vary from state to state. A specified deadline for state action:
“an action for…personal damage or death caused by another’s improper conduct or omission”
“a negligence suit,” or “a bodily injury action,”
However, regardless of the language, the same filing deadlines apply to all types of personal injury claims, including vehicle accidents, slip and fall occurrences, dog attacks, and other mishaps.
Failure to meet the standard
If you fail to comply with the statute of limitations in a personal injury lawsuit or any other civil matter — that is, if you file your claim after the time has gone — your case is likely to be dismissed. The defendant will submit a motion requesting the court to dismiss your case, and unless there are legitimate grounds to extend or amend the deadline, the court will very certainly do so.
Your injury claim will be dismissed if you fail to comply with the statute of limitations. You’ll be left without legal recourse for your injuries and other losses resulting from the accident, no matter how big your damages (compensable losses) are or how evident the defendant’s fault is. That is why knowing and following the statute of limitations is so critical to the success of any personal injury claim.
Every state has created legislation that defines conditions that can halt (or “toll” in legalese) the operation of the statute of limitations “clock.” Of course, the nature of these exclusions differs, so if you have concerns about the law in your state, speak with an expert personal injury lawyer near you.
Because the statute of limitations is such an essential procedural law, you must grasp and follow your state’s deadline. Especially if you were wounded some time ago, now is the time to speak with an expert attorney about your circumstances so that you may make the best decision possible. Criminal defense can be quite complicated. It is recommended that you engage an experienced attorney to represent you. Autrey Law Firm has the best criminal lawyers to defend you.