What is a Statute of Limitations?
In personal injury cases, people who have suffered an injury must act quickly to protect their interests because of laws known as statutes of limitations. If you ever speak to a personal injury attorney about your case, your attorney will tell you that your time to take action is limited. Every state has a statute of limitations that requires you to file your lawsuit within a specific amount of time. If you fail to act before time is up, you will be prevented from recovering compensation for your injuries.
Statutes of Limitations in Personal Injury Cases
Every state has laws that limit when people can take various legal actions. These laws are generally referred to as statutes of limitations.
For example, if you speed down the highway, there is a limited amount of time in which the state can charge you with a traffic offense. Depending on the state in which you live, this amount of time can differ significantly. Similarly, if you suffer an injury you have a limited amount of time in which you can file a lawsuit.
Most states have statutes of limitations that impose a 2 to 4-year time limit on personal injury cases. However, a few states have statutes of limitations that are as brief as one year, while a small number gives people up to 6 years to file.
Starting the Clock
In order to determine how long you have to file a lawsuit, you have to know two basic facts. First, you have to know what your state’s statute of limitations is. Second, you have to know the date when you first learned that you suffered an injury. This date is when the statute of limitations clock begins counting down.
The “discovery of the injury” date is when the person who was harmed first learns that he or she has been injured. However, the test here is not actually determining what the injured person might have known, but also what he or she should have known.
For example, let’s say you go to your dentist to have a cavity fixed. After you leave you notice that you still have significant pain in your jaw. Even though you understand you are in pain, you wait several years before you go to see another dentist about your jaw pain. You find that the pain is due to a mistake the first dentist made when fixing your cavity.
In this type of situation, you learned of the discovery when you first experienced the pain caused by the original dentist’s mistake. If you wait too long to sue the dentist, the statute of limitations will prevent you from pursuing your case.
Pausing the Clock
In some cases, it’s possible to put a pause on the statute of limitation’s ticking clock. This is known as tolling. However, like the differences in time limits imposed, states have significant differences when allowing people to toll the statute of limitations.
If you have been injured and need more information about what laws apply to you in your situation, you need to talk to a personal injury attorney in your area immediately.