In the United States, the laws of statute of limitation vary from state to state, but their effects are the same. The best personal injury attorneys in your state can offer proper legal guidance on the statute of limitations and how it can impact your personal injury case.
In a nutshell, a statute of limitation in personal injury cases is a law that bars victims from filing claims for personal injuries resulting from an accident after a specified period has lapsed. This law is crucial because it indicates the direction of your lawsuit claim.
Check out below for more on the statute of limitations.
Contents
How Does the Statute of Limitation Impact Personal Injury Cases?
Time limit
As indicated in its definition, statutes of limitations have a time limit for personal injury claims. Lawsuits that have not been filed within a specified time limit prevent the injured party from seeking compensation. Normally, the time begins on the date the injury is discovered.
Evidence preservation
The injured party must gather the evidence promptly. Delays in filing injury claims may lead to the loss or destruction of evidence, consequently making it hard to prove the case in court.
Memory and witness
With time, memories may fade away, and it also becomes difficult to trace crucial witnesses. Essentially, by ensuring fresh evidence is presented and witnesses are available when needed, the statute of limitations makes the timely resolution of personal injury claims a reality.
Fairness to defendants
The statute of limitations protects defendants in a personal injury case from unfair legal claims whose time limit has lapsed. This is due to relevant evidence that may have been lost, irretrievable, fading memories, or untraceable witnesses. Therefore, the defendants’ right to defend themselves may be highly compromised.
Providing legal certainty
Normally, time limits provided by the statute of limitations make it clear when claims should be filed and the potential time within which a defendant can be found to be at fault for a personal injury accident.
Why Do You Need a Personal Injury Lawyer’s Advice on the Statute of Limitation?
Although personal injury parties may file claims on their own, it’s important to note that due to the complexities of these claims, it’s advisable to seek a qualified attorney. The attorney will handle the matter as you recover quietly from sustained injuries.
You can rest assured that with the best personal injury attorneys by your side, your case is taken seriously and filed within the applicable statute of limitations.
What are the Disadvantages of the Statute of Limitation on Personal Injury Cases?
Here are some of the downsides of the statutes of limitations when dealing with a personal injury case in court.
Delayed discovery
The effects of personal injury accidents take time to manifest in some cases. For example, some discomfort and pain may take some weeks or years to start showing. In such instances, an extension of the statute of limitation is quite probable. This limitation, known as the “discovery rule,” is well demonstrated in the Camp Lejeune water contamination lawsuit.
If the injured person is underage
Citizens with no legal capacity to make decisions are exempted from the statute of limitations for injuries sustained when they are below the legal age of 18 years. However, the limitation does not extend beyond 8 years.
The defendant traveled out of state
In some cases where the fault party is unavailable and found to be outside the state where the injury happened, the timeline for filing the claim may be temporarily suspended until they return to provide their response to the case.
Final Thoughts
Statutes of limitations, particularly in personal injury cases, serve as a significant aspect of the legal system. They serve as the basis on which the best personal injury attorneys pursue compensation for their clients. Consequently, they initiate legal proceedings on time and encourage faster preservation of crucial evidence. Similarly, statutes of limitations give protection to defendants against indefinite litigation over past events.
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