The statute of limitations for a personal injury lawsuit is the period in which you can file your case. The specific laws vary from state to state, but typically you have two years or three years, depending on the type of injury and the circumstances surrounding it.
If your state does not have a statute, there may be provisions that allow you to sue up to six years after the date of injury under certain circumstances.
Some states have different rules for specific injuries, such as medical malpractice cases that usually require filing within six months from discovering an error in treatment or diagnosis.
Other states also allow for additional time if extenuating circumstances prevent you from filing within the allotted time frame. If you’ve been injured and are unsure whether your case is still viable, contact Idaho Personal Injury Lawyers; they have specialized in this field.
Exceptions to the Statute of Limitations Deadline
There can be exceptions to the statute of limitations, and this will vary depending on the state you live in. these include
- If your injury is severe or if it causes a disability that lasts longer than six months,
- The injured person was a minor under the age of seven. If the injured person was under the legal drinking age and in a car accident, then there may be another statute.
- the injured person was mentally incapacitated, or
- The defendant left the state for a certain amount of time after the accident.
- Statutes for wrongful death also vary by state laws; generally, it is two years, but this can be extended to five or more if you file on behalf of your spouse or children.
Statute of Limitations for Specific Injuries and Situations
The injury or type of lawsuit can also determine how long you have to file a claim. For instance, in Ohio, the statute of limitations for medical malpractice is one year from the date your condition became known to you, but it may take up to three years if the injury is due to an accident. This can vary depending on the state you live in, so you must know what to expect.
If You Miss Your Deadline To File A Lawsuit
If your lawsuit does not meet the statute of limitations deadline, then any cash you bring will be thrown out by a judge immediately, and you will not be able to file another lawsuit.
However, if you miss the deadline and your opponent brings a counterclaim against you for malpractice. It is possible to win their case even if your injury was due to an accident and extenuating circumstances were surrounding the missed time frame.
Be sure to contact an attorney if you are considering filing a personal injury lawsuit. This should not be done without legal representation, as it can have grave consequences if the statute of limitations deadline has passed or extenuating circumstances were surrounding your case.
You need to know the specific rules for your state and type of injury to ensure you don’t miss any deadlines. If you miss filing your lawsuit, you will not be able to file your case. You can contact an experienced attorney for legal services and guidance to understand the laws in your state.
