Personal Injury Attorney
The Ticking Clock of Personal Injury Claims
Accidents happen all the time. While not every spill or collision will result in significant injury or expense, some will. When an injury occurs, it is necessary to assess the liability or fault of the situation and determine if you will move forward with a lawsuit to receive compensation for damages or recovery for lost finances. A personal injury attorney can help you in your lawsuit.
While most people wish for time after an accident, time is not always on your side. Most states have a statute of limitations for filing a claim after a personal injury, and in many cases, that statute is restricted to two years from the date of the accident. That is important to note. The two-year timeline does not start from the time your injuries are diagnosed, or after you have gone through physical rehabilitation, it is immediately following the event.
Therefore, while it is natural and sometimes advisable to wait until after a medical assessment, there is no need to wait. Filing takes time, and more than likely, you will have a diagnosis or a preliminary understanding of your injuries and any limitations or repercussions stemming from the accident by the time settlement negotiations or a trial begins.
Allowances for Minors
Some people will have more time than others to file a claim. In most states, the typical statute for filing specifies two years for those of legal age, meaning 18. Therefore, someone under the age of 18 will have the standard two years plus the number of years until their 18th birthday. For example, a 15-year-old will have three years until they turn 18 plus two years after, meaning they will have a total of five years to file a personal injury claim.
However, the rules or laws are not the same in every state. Therefore, it is best to contact a local attorney to discuss the laws specific to your state and county.
Other Exceptions and Limitations
A court might allow a family member to file on behalf of an incapacitated individual, or it might allow a temporary extension for the filing deadline, depending on the specific situation. However, not all cases will provide opportunities for extensions. In fact, if you were injured on public transportation, you might only have a few months to file a claim against the government.
The circumstances surrounding personal injury claims are varied, and where you live can make a significant difference to filing deadlines. Contact a local personal injury attorney from a local law firm such as Yearin Law Office to discuss your claim and timeline.