Posted on:Jun 26, 2020

Do You Have a Time Limit When Filing a Lawsuit?

HomeBlogDo You Have a Time Limit When Filing a Lawsuit?

If you’ve been injured in an accident, you may be wondering what you can do next. What route do you take? If you have medical expenses, pain and suffering, lost wages or other damages, then you may be entitled to financial compensation. Fortunately, if your injuries occurred due to the negligence or actions of another person, you can file a personal injury claim against them.

You may not always want to leap to a personal injury suit right away and while this makes sense, you do want to be careful. There is a time limit when it comes to filing a lawsuit.

What Is the Statute of Limitations?

In every state, there is a statute of limitations. These are deadlines in regards to filing lawsuits in the court system. There are statutes of limitations that are applied to personal injury law cases. If the statute of limitation passes, then you are not able to file the lawsuit. While you can still try to file your case, it will be dismissed automatically.

Now, there are instances where you may be able to extend the filing deadline. Keep in mind that these are very rare instances and you should always speak with a lawyer about them. All states are different and while some states have a statute of limitations of six years, others only have a limit of one year. It’s important to know what your state’s specific statute is.

What Is a Discovery Rule?

When trying to determine the statute of limitations, you have to take into consideration the discovery rule. Most states do have some form of this rule and this is an exception to the standard statute of limitations. Basically, it applies if the injured party did not realize that he or she suffered an injury or that the defendant’s actions caused the injury. If you notice later, the time limit may begin when you realize you have a case.

When it comes to personal injury law, there is always a time limit. This is normally between one and six years. It is important that you speak to a lawyer as soon as you suffer an injury. Even if you aren’t sure if you have a case, this will prevent you from missing out on the deadline to file the appropriate documents for the claim. To find out more about what to do to file a personal injury claim, contact a personal injury lawyer.

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