If you have been the victim of a personal injury, there is a timeframe in which you are required to file a claim by. This is called the statute of limitations and it is applied differently depending on which state you reside in. Failure to bring forth your lawsuit before the allotted time could mean that your right to sue will no longer be valid. There are very few exceptions that are made around this particular statute. In very select circumstances, the statute of limitations can be extended for the personal injury lawsuit. The extension is determined when a situation causes for the timeframe to pause. Below is a list of the exceptions to the statute that can result in a grace period:
- Incarceration: when the claimant is imprisoned, the amount of time they have stops until they are released.
- Bankruptcy: if the person you are filing a claim against is in the process of filing for bankruptcy, all lawsuits are on hold until there is a resolution
- The Discovery Rule: allows for a person who has been injured and doesn’t know for a period of time, to file a personal claim. An example of this may include a person who was exposed to asbestos when on the job.
- Minors: When a minor, is injured the clock stops until they are 18. They are also entitled to the statute of limitations as defined by their state. For example, in Louisiana, the statue is 1 year. Once a minor turns 18, they must file within that year. Because of this, a minor can have a longer period of time to bring forth a claim. If they were 16 when the injury happened, that statute of limitations will pause until they are of age.
- Mental Disability: If the victim is considered mentally unwell.
Contact an Attorney
Consulting with a personal injury lawyer Melbourne, FL trusts can be helpful in sorting out the statute of limitation within your state. They will be able to keep your interests at the forefront and ensure that your claim is filed in a timely manner.Statutes can vary anywhere from 1-6 years depending on where you live. Most of the time, you will not be able to extend the statute of limitations if you do not file in time. This is why working with a personal injury attorney can be so beneficial. Contacting an attorney soon after your personal injury for sound legal advice is important so that they can figure out how much time you have before the claim must be filed. With their guidance, they will also be able to help you file your claim with ease.
Thank you to our friends and contributors at Arcadier & Associates for their insight into personal injuries.