Tuesday, 06 April 2010 06:58

Time Limit to File a Personal Injury Claim

Written by
Rate this item
(0 votes)

If you have suffered a personal injury due to an automobile accident, medical malpractice, unsafe working conditions or another cause, the law limits the time in which you have to file a personal injury lawsuit. Failure to timely and properly file suit within the applicable limitation period may forever bar your claim. Each state has a different set of laws, which mandate that a suit be filed within a specific time period. This is known as the statute of limitations and can vary from one to six years. The deadlines vary depending on the type of claim, the state in which the claim is filed, and whether the claim is filed in state or federal court. The only exception to this is when the plaintiff is filing for damages against the government. When that's the case, the statute of limitations is often reduced to thirty days and up to one year.

Typically, the statute of limitations begins on the day the injury occurred. Sometimes, this doesn't apply in certain cases where pharmaceutical manufacturers are held liable for injuries or even deaths attributed to their products. These cases can take several years in which to identify the link between a prescription medication and the sustained injury.

States and their Statutes of Limitations

In making a determination as to which statute of limitations will control a civil action, the type of "cause of action" that the claim is pursued will be critical. For example, in the state of California, the statute of limitations for filing a personal injury lawsuit is two years, but the statute limits lawsuits involving libel or slander to just one year. Furthermore, some states have special rules regarding minors and many states require victims to provide advance notice of their intent to file suit. If a minor is injured, the countdown for pressing charges does not begin until the child turn 18. Below you will find the standard statue of limitations for each state:

Read 1222 times Last modified on Wednesday, 04 January 2012 18:12
Login to post comments