Statute of Limitations Affect On Personal Injury Suits?

Tuesday, September 21, 2010

Statute of Limitations Affect On Personal Injury Suits?

Written by Malman Law, reviewed by Steve J. Malman.

The statute of limitations is the time period after which you are unable to collect damages on a specific claim. Like all other lawsuits, personal injury cases have a time limit set by a statute of limitations. In most personal injury cases, the time period covered by the statute of limitations begins on the date or the injury’s occurrence.

While the statute of limitations seems like a simple concept, it is not always as straightforward as it seems. Here’s why:

• The time period covered by the statute of limitations is different for each state and every singular offense.
• If you discover a medical injury outside the statute of limitations, the discovery rule may apply and extend the period that you are able to collect damages.
• Conversely, tolling the statute of limitations benefits the victim by stopping (tolling) the time period allowed.

Because there are exceptions to the statute of limitations, 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 as well as potential exceptions. 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.