What is Statute of Limitations and How Does it Affect Personal Injury Suits?
04-Nov-2011 Like other lawsuits, personal injury suits have a legal time limit set by statutes of limitations. A statute of limitations is a time period after which you are unable to go to court for a specific claim. In most personal injury cases, the statute of limitations begins on the date the injury occurred.
For example, the prescriptive period for filing a slander or libel case is one year from the date the injury or offense occurred. If a victim does not come forward to commence court proceedings within the subsequent year, he or she may not do so at any future time.
While the concept of statute of limitations may sound simple, it becomes more complicated when you take into consideration that the time period varies by state and by offense. The end result is hundreds of claims that are barred based on the expiration of the statute of limitations.
For this reason, injured parties should seek the knowledge and expertise of a personal injury attorney. Personal injury lawyers are well versed in the statute of limitations for various injury cases in their state. It is important to contact them as close to the date of the injury or offense as possible to ensure that you are able to begin legal proceedings well within the timeline for your particular situation.
Personal injury attorneys also know the exceptions to the statutes of limitations, which can prove beneficial to the victim or an injury or offense. These exceptions are situation specific, but they do exist:
- Discovery Rule: If a medical injury is incurred and is not discovered up front, the late discovery of the injury may not bar the action to collect damages. The discovery rule extends the period allowed by the statute of limitations because you just discovered the injury.
- Tolling of the Statute of Limitations: When the prescriptive period is “tolled”, or stopped, it benefits the victim by allowing him or her time to prepare and strengthen his argument. Examples of extraordinary situations which would call for a “toll” include minority or being underage, mental incapacity and insolvency of the defendant.
If you discover that you have incurred an injury late or if you think you may qualify for tolling of the statute of limitations for a certain offense, you should contact a qualified personal injury attorney immediately. Their expertise with statute of limitations and the exceptions can help preserve your right to recover damages, even if it appears that your time to file for damages has lapsed.
DISCLAIMER: All information on this website is provided for informational purposes only and is not intended to be construed as legal advice. The Law Offices of Steven J. Malman & Associates shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

|
VERDICTS &
SETTELMENTS
-
$1,225,000 settlement for a speedway patron who got hit by a baseball-sized rock kicked up by a race car. The rock hit her so hard, she needed an emergency tracheostomy and brain surgery.
-
$6,000,000 settlement for our client, a 4 month old baby whose doctors had failed to diagnose a brain infection that left her with permanent brain damage and cerebral palsy.
-
$11,800,000.00 in a product liability settlement for a father of five who tragically died when his tire treads failed, causing his vehicle to roll over.
-
We obtained a $5 million settlement for a woman whose son died when his physician failed to diagnose a tumor.
-
A woman recovered $2.25 million in a medical malpractice case, in which the woman's obstetrician/gynecologist failed to spot her cancer on a pap smear, causing our client to have to undergo multiple, surgeries.
-
A $2 million verdict was obtained for a woman whose Ob/Gyn failed to refer her to a gynecologist to treat what turned out to be a malignant uterine sarcoma.
-
We obtained a $1.7 million settlement in a nursing home neglect case in which a 72 year-old man suffered radiator burns so severe that he had to have his legs amputated.
-
We obtained a $1.4 million award in a slip and fall case involving a 13 year-old boy who developed severe hip trouble after falling down the stairs of his high-rise.
-
A $1.25 million settlement in favor of our client, an 18 year-old boy who lost most of his vision after being assaulted by a security guard.
-
We obtained a $1.15 million settlement for our client, a little girl who suffered severed burns as a direct result of fire code ordinance violations.
-
A union painter whose legs got crushed by a forklift recovered $1 million in damages.
-
A $1 million settlement in favor of our client, a hemophiliac, who suffered severe soft tissue damage in a car accident.
-
A union steel worker who injured his back moving a 300 pound steel beam in the rain recovered $1 million for his construction site work injury.
-
We obtained a $900,000 settlement in the case of a beaten prison inmate who died after being given the wrong medication at the hospital.
-
We obtained a $600,000 settlement for a man who suffered a below the knee amputation after his friend accidentally shot him with a hunting rifle at a restaurant.
-
A 54 year-old woman recovered $600,000 in a product liability settlement after her oven mitt exploded and severely burned her breasts.
-
A woman who had lost her baby to fetal distress while in the hospital was awarded $500,000 for medical malpractice.
-
An 81 year-old bedridden stroke victim recovered $390,000 after he developed what would turn out to be fatal pressure ulcers stemming from negligent nursing care.
-
A nursing home resident won a settlement of $300,000 stemming from a hip fracture accident. His nursing staff had failed to take proper fall-risk precautions.
-
We obtained a settlement of $250,000 for the estate of a 21 year-old man who, after sustaining life-threatening injuries in an automobile accident, subsequently died in the hospital due to the staff's failure to insert a chest tube.
-
We obtained a settlement of $175,000 for the estate of a woman whose negligent nursing home care resulted in bed sore ulcers that led to an infection that ultimately caused her death.
-
We obtained a $150,000 settlement for a 69 year-old stroke victim who had to have an above the knee amputation due to nursing home neglect.
-
A $150,000 verdict was recovered for the estate of a 79 year-old man, who suffered bed sores stemming from nursing home neglect that ultimately contributed to his death.
|