What Does the Term ‘Statute of Limitations’ Mean?

If you’ve been injured in an accident you believe was caused by someone else’s negligence, you have the right to file a personal injury claim. Doing so will put you on the path to receiving the compensation you need to recover as fully as possible from the losses you sustained as a result of the accident. The first part of filing a successful claim has to do with ensuring you’re submitting your case within the established time limit. This is referred to as the statute of limitations. Failing to file in time could jeopardize your claim.

Let’s dive into how statutes of limitations work and what your options are if you need more time to file your personal injury claim.

Personal Injury Cases and Statutes of Limitations

All states have strict deadlines for filing personal injury claims and other types of lawsuits. The time limits vary by state. In some places, the statute of limitations is as short as one year. Other places have limits as long as six years. If, for example, you live in a state that has a two-year statute of limitations for filing, you have exactly two years from the date of the accident to file your claim.

Once you submit your claim, you’ll begin the litigation process. Depending on your situation, you may reach a settlement in a short period of time or your claim could proceed to trial where the outcome will be decided by a judge or jury.

Filing a claim can be complicated, especially as the statute of limitations deadline gets closer. Because of this, it’s a good idea for accident victims to get in touch with a personal injury attorney. The right lawyer will be able to build a strong case on your behalf that proves you’re owed compensation for your injuries and monetary losses.

Extending the Filing Time Limit

In some situations, accident victims may miss the statute of limitations. Typically, this would result in the dismissal of the case prior to review in the event they tried to file. But in some cases, exceptions may allow the time frame to be extended. If, for example, the victim is a minor, disabled, or mentally ill, an extension may apply. This is also the case in the event the negligent party leaves the state after committing the act that resulted in someone else’s injuries. This, however, can be difficult to prove without the help of a lawyer.

The Discovery Rule

In addition to the situations discussed above, there is another way a statute of limitations can be extended. While this varies by state, most have what’s called the “discovery rule. This rule has the potential to extend the filing deadline in certain situations, like if the injured person did not know about the injury or that the potential defendant caused their accident.

For example, let’s say you worked for a landscaping company that required you to regularly use large amounts of weed killer. Years later, you’re diagnosed with cancer that your doctor believes resulted from exposure to toxic chemicals. You come to realize your time spent using the weed killer likely caused your cancer. In a situation like this, the statute of limitations would begin on the day of your diagnosis.

Now that you have a better understanding of what the term statute of limitations means, you’ll be able to confidently press forward with your claim and pursue the compensation you need to get your life back in order.