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May 11, 2020 by Brooklyn Injury Lawyer

When Should My Personal Injury Lawsuit Be Filed?

After a personal injury, you’ll want to file a lawsuit as soon as possible so you can receive compensation in a reasonable amount of time. That’s not the only reason to get your lawsuit moving along right away. There is something called the statute of limitations that offers you a window for which you can file the lawsuit. When it has passed, you no longer have that opportunity. The Statute of Limitations In many states, the statute of limitations for personal injury is two years, though there are some outliers at both ends. The clock starts ticking on the day you receive your injury, so there’s no time to waste, as some cases can take a while. Every state has a different statute, so it’s important you have spoken with someone such as a lawyer who can help you understand how long you have. Claims Against the Government If your personal injury claim is against the government, there are different rules you’ll have to abide by. In most cases, you’ll only be given six months to get the process moving along. After that, the government has a period of 45 days during which they will consider what to do with the claim. If it gets denied, you can file a lawsuit within six months. If the government doesn’t respond at all, you can file a lawsuit within two years. Keep in mind it can get difficult to deal with the government. Because of the unique rules associated with these entities, the process will be different than your typical personal injury case. Be sure you’re working with a qualified attorney who has experience with government lawsuits. Exceptions to the Statute Although it’s rare, there are some situations that qualify for an exception to the statute of limitations. If you feel you meet the requirements, you should speak with a lawyer immediately. Some exceptions include:
  • Being a Minor – Someone under the age of 18 cannot file a lawsuit. If an individual is injured at age 14 and the statute of limitations is two years, that individual would have six years from the time of injury to file a lawsuit because the statute of limitations wouldn’t begin until his or her 18th
  • Discovery – It’s possible for victims of personal injury to not realize they are injured until a later date. The day at which the injury is discovered is when the statute of limitations would begin.
Hire a Professional for Legal Help Personal injuries can cause you a lot of pain, suffering, and financial loss. Strive to obtain the compensation you deserve with the help of a legal professional. If you or your loved one has suffered an injury due to a motorcycle, car, or truck accident, seek the help of a commercial truck accident lawyer. An experienced attorney can help you understand your rights and fight for the compensation you deserve.
Thank you to our friends and contributors at JOHNSTON | MARTINEAU, PLLP for their insight into accidents.

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