What exactly is the statute of limitations? This is a legal time limit imposed by legislation that essentially dictates the maximum amount of time someone has to initiate legal action or file a lawsuit after a particular event has occurred. Statutes of limitations are established in order to ensure that legal actions are brought in a reasonable and timely manner.
How does this apply to personal injury? In personal injury cases these are defined as legal time limits that dictate the period of time within which a person must file a lawsuit after experiencing a personal injury. A prompt filing of claims can help ensure that the court system is able to efficiently resolve disputes. Many times cases that are delayed over a period of many years become logistically challenging.
What is the Purpose of the Statute of Limitations?
Statute of limitations vary based on jurisdiction, they serve several important purposes:
Preservation of Evidence: We encourage plaintiffs to file claims while their evidence is still available, witnesses’ memories are fresh, and all the documents are accessible. As time passes evidence can become lost.
Protecting the Defendants: All defendants have the right to be protected from legal actions that are filed a long time after the initial injury had occurred. By implementing statutes of limitations we are able to provide them with a legal certainty that they won’t face claims indefinitely.
For personal injury cases, statute of limitations can vary significantly from one jurisdiction to another, and vary based on the type of injury and circumstance of the case. Different types of personal injury cases have distinct time limits. An example of this is medical malpractice claims might have a different statute of limitations than car accident cases.
In some instances, the timeframe on the statute of limitations does not begin until the injury is initially discovered.. This is typically for cases where injuries aren’t immediately apparent.
It’s important for you and your lawyer to be aware of and adhere to the statute of limitations in your jurisdiction when pursuing any sort of personal injury claim. Failing to file a lawsuit within the dedicated time frame can result in the court dismissing your case. If you have suffered any type of personal injury, it’s advisable to consult with an attorney promptly to determine the statute of limitations.
To learn more about how our firm can help you with your case, contact us today for a free consultation, either through our online form, by phone at (888) 500-3010, or by email at info@ML-PC.com.We are licensed to practice law in Arizona, California, Colorado, New Mexico, Nevada, South Carolina, and Utah.
