Personal injury is primarily caused by negligence. Negligence is the absence of responsible action, and it puts people at risk. If you think you have been injured because of an establishment or a person’s negligent act, you can file a personal injury claim. However, there are strict time limits for filing personal injury claims. If you fail to act in time, there will be nothing you can do about it.
Once you’ve realized you have the right to personal injury compensation, contact a personal injury lawyer in Conyers right away.
Why There Is a Time Limit in Personal Injury Claim
If there are delays in bringing a personal injury claim, it may be dismissed by the court. It doesn’t matter if your reasons are valid or not.
The time limit for personal injury claims is actually beneficial to both the defendant and the plaintiff. After all, the faster you proceed with the case, the more impact your claim will have. In the case of the defendant, they will not live under the shadow of your claim for an indefinite time.
Time Limit According to the Statute of Limitations
In the Statute of Limitations, the time limit to a personal injury claim ranges from two to ten years from the date or injury or the date of knowledge. The time limit primarily depends on the state you’re in. For instance, Alabama and Arizona have a 2-year time limit while North Dakota and Minnesota have a 6-year limit.
The date of knowledge refers to the date in which you have first known the following as fact:
- the defendant’s identity
- the injury you have gotten is significant
- the injury is a result of the defendant’s negligence or breach of duty
Your date of knowledge can be the time you have reasonably realized the act of personal injury or when an expert, e.g. a doctor or a lawyer, has confirmed the act of negligence or the injury. The time will start running on this date.
Exception to the Statute of Limitations
Although the Statute of Limitations has specified a limitation period, it does not apply to all kinds of compensation claims. There are exceptions that may depend on the accident or the plaintiff’s condition.
If you have been assaulted, you have a two-year limit from the incident’s date. If you miss the time limit, the court might not consider your application. However, you should still try to file your case even if you’re late. After all, there’s still a possibility, no matter how little, for your application to pass. Other exemptions to the time limit include accidents that happen abroad.
How to Calculate Personal Injury Claim Time Limit
Contact a legal advisor right after your date of injury or date of knowledge. The longer you put it off, the less time you will have to gather evidence and pursue your claim. The legal advisor will help you with the following:
- Confirm your date of knowledge
- Determine the time when your personal injury claim will expire
- Complete all necessary forms and submit them for assessment
- Wait for the date of acknowledgment letter
- Settle your case or proceed with you to court
Now that you know that there are time limitations to filing a personal injury claim, don’t delay. Contact your lawyer as soon as possible.