Part 1: Statutes of Limitation: Personal Injury Claim Deadlines Explained, General Negligence
Note from James L. Maswick –
I asked our Law Clerk, Madison J. Marshall, to write a brief series on statutes of limitation in actions which involve personal injury. Madison’s series will explore how they can differ by cause of action, by defendant, and by the tort that is alleged. This is part 1 – we hope you enjoy reading!
As always, for your specific situation, consult an attorney as soon as possible, as this series is for general information only.
When facing a potential personal injury claim, it is important to know how soon a claim must be filed before you are barred from pursuing legal action forever. The time limit, also known as the statute of limitations, depends on the type of harm that has occurred, who the defendant(s) is/are and what torts are alleged.
The most common statute of limitations in a personal injury action is three years. Specific instances that require a lawsuit to be filed within three years encompasses most accidental occurrences, such as car accidents, slip and falls, negligent conduct, and product liability. The three-year statute of limitations is typically applicable to individuals, companies, corporations, and other groups, other than governments.
This three-year clock starts ticking on the date of the injury. There are exceptions to this rule, however, when the victim is a minor or when there are complications when determining the date the injury occurred. For example, if you were diagnosed with cancer connected to a job involving toxic waste and you quit the job five years ago, the date of the diagnosis would then start the three-year time limit. If you were a minor at the time of the accident, you may have three years to file a claim after your 18th birthday.
But what if the alleged wrongdoer has fled the state or changed their name? This places a pause on the three-year time limit, as long as the alleged defendant is absent for at least four months within the three years and the lawsuit has been filed yet.
It is important to prioritize speaking with an attorney once you have suffered an injury as once the three years have passed, you typically are unable to seek justice and compensation later. In some instances, depending on who the defendant is, such as a municipality, action must be taken much more quickly than three years.
Please always consult an attorney for specific advice, as this article is not intended to provide specific advice regarding your matter.
