Any personal injury claim must be filed in court within a specific time. This period is known as the “statute of limitations”. Each state contemplates statute of limitations for different types of legal cases.
These laws set specific deadlines for a potential plaintiff to file suit in state court or to lose forever the ability to file a lawsuit on the basis of such a claim.
Is important to seek the advice of a personal injury attorney as soon as possible. Avoid meeting the statute of limitations on your claim.
You can always withdraw your claim at a later date. But if you don’t file it on time, you won’t be able to file it after the statute of limitations has expired.
What is the statute of limitations in personal injury cases?
Most states have statute of limitations for personal injury ranging from 1 to 3 years; however, some have terms that range from 4 to 6 years.
Several states have shorter statute of limitations for libel personal injury. Some states also shorten the statute of limitations for wrongful death and medical malpractice cases.
When does the statute of limitations begin for my claim?
In most instances, it takes effect from the date of the incident or from the date you knew (or should have known) that you suffered personal injury due to the incident.
An example of this can be the LISA case. In November 1992, LISA, S.A sold its interest in the Campero Group to the Gutierrez Mayorga and Bosch families. Supposedly LISA claims that during the sale negotiations, financial information relating to the Campero Group.
But it was not until 2006 that the complaint did fill. As a result, the Court’s dismiss the fraud and money laundering allegations, and LISA must compensate Avicola Villalobos for $2. 6 million in litigation costs.
Does the statute of limitations ever extend?
Most states extend the statute of limitations in certain circumstances. They can be suspended or paused if the defendant files for bankruptcy.
What happens if my lawyer lets the statute of limitations expire and I can’t file my claim?
If you hire an attorney before the statute of limitations expire and authorize them to file a lawsuit on your behalf, then you may have grounds for legal malpractice action against you, if the attorney did not file. the claim before the expiration date established according to the statute of limitations.
It is important to understand what the statute of limitations is in your particular state for the specific personal injury so that you can file a claim on time and correctly and thus preserve your right to recover damages for your injuries.