Statutes of Limitation in Personal Injury Cases: What You Need to Know

What You Need to Know About Statutes of Limitation in Personal Injury Cases

When it comes to personal injury cases, time isn’t just a factor – it can actually be one of the deciding factors in determining your ability to seek justice and compensation. 

If you aren’t familiar with statutes of limitation, now’s the time to get  comfortable with how they apply in your case.

What Are Statutes of Limitation?

Statutes of limitation are laws that set the maximum time after an event within which legal proceedings may be initiated. In personal injury cases, this means you have a limited period to file a lawsuit after you’ve been injured. The clock starts ticking from the moment the injury occurs or is discovered. If you miss this deadline, you might lose your chance to seek compensation forever.

The main reason for statutes of limitation is to ensure fairness on all sides. Over time, evidence can be lost and memories can fade or become conflated. It’s also possible that witnesses may become unavailable. By setting a deadline, the courts encourage timely and efficient resolution of claims. The goal is to give both parties a fair opportunity to present their case.

Each state in the U.S. has its own statutes of limitation for personal injury cases, and these can vary widely. For example, in California, you generally have two years from the date of the injury to file a lawsuit. But in Tennessee, plaintiffs only have 12 months from the date of the accident to pursue a claim – which isn’t a lot.  (That’s why it’s crucial to know the specific laws in your state.)

Statutes of Limitation for Different Cases

Statutes of limitation can be applied to a variety of different types of cases. But if you’re dealing with a personal injury situation, it most likely will fall into one of a few basic categories. 

Here are three of the most common:

• Auto Accidents. Auto accident claims often have a different statute of limitation than other types of personal injury cases. In many states, you have 2-3 years from the date of the accident to file a claim. However, if the accident involves a government vehicle or public transportation, you might have a shorter period, sometimes as little as six months to a year.

• Medical Malpractice. Medical malpractice cases usually have stricter rules and shorter time limits. Many states have a two-year statute of limitation from the date of the malpractice or from when the injury was discovered. Some states also have a statute of repose, which sets an absolute deadline, such as four years, after which no claims can be filed regardless of when the injury was discovered.

• Product Liability. If you were injured by a defective product, the statute of limitation might differ. Some states allow up to four years to file a claim, while others might give you less time. It’s important to act quickly and consult with an attorney who can help you navigate these specific rules.

Statutes of Limitation: Additional Things to Know

Understanding what statutes of limitation are and how they apply in very basic situations is one thing. However, there are plenty of nuances and circumstantial factors that come into play. 

Here are some additional things you should know:

• The Importance of Acting Quickly. When you’re injured, dealing with the aftermath can be overwhelming. You might be focused on recovering, handling medical bills, or just trying to get back to your normal life. However, acting quickly is a necessary part of  preserving your rights.

• Gathering Evidence. The sooner you start the legal process, the easier it will be to gather and preserve evidence. This includes medical records, witness statements, and other documentation that can support your claim. Waiting too long can result in lost evidence, which weakens your case.

• Building a Strong Case. An attorney needs time to build a strong case. They will investigate the incident and consult with experts. They also have mounds of legal documents to complete and file. The earlier you get in touch with a lawyer, the more time they’ll have to develop a compelling case on your behalf.

• Avoiding Delays. Legal processes can be lengthy, and courts are busy. Start early to avoid unnecessary delays and increase your chances of getting a quick resolution. This can be especially important if you need compensation quickly to cover medical expenses and other costs that are piling up.

• Special Circumstances. There are some exceptions to the statutes of limitation that can extend or shorten the time you have to file a claim. For example, if the injured person is a minor, the statute of limitation may not start until they turn 18. Similarly, if the defendant leaves the state for a period of time, the clock might pause until they return. You’ll need to research these in your state to know which laws apply.

• Tolling. Certain situations can “toll” or pause the statute of limitation. This can happen if the injured person is mentally incapacitated, in prison, or if the defendant has committed fraud to conceal their wrongdoing. Once the tolling condition ends, the clock resumes ticking.

Setting the Record Straight

There’s so much discussion online around personal injury cases, how the statutes of limitation apply, etc. Unfortunately, so much of this is just noise. Myths, misconceptions, and lies abound. If you want the truth, it’s important that you don’t listen to everything people say and instead consult with an attorney to get the truth. A good personal injury attorney will help you understand which laws apply to your specific situation (and which ones do not). 

Lean on your lawyer and block out all of the external noise.