How Long Do I Have To File A Personal Injury Case?

How Long Do I Have To File A Personal Injury Case

If you have been in an accident resulting in personal injury that was not your fault, you will need to seek the advice of a specialist personal injury lawyer. To stand the best chance of your claim being successful, it is necessary to do this as soon as you can following the accident.

Time Limits For Filing A Case

The time limits for bringing a personal injury case against a negligent employer or a careless driver are bound by something called the “statute of limitations”. The statute of limitations is a date by which a lawsuit must be filed before the chance to sue is lost forever.

The statute of limitation for personal injury claims differs among the U.S. states, ranging from 6 years in Wyoming to 1 year in Kentucky, Louisiana and Tennessee. In the vast majority of states, the statute of limitations for minors who have been injured does not begin until he or she reaches the age of 18.

Discovery Of Harm

According to the personal injury lawyers at Rutter Mills in Virginia, one thing that you need to know when considering whether or not you might have a legitimate personal injury compensation claim is that the statute of limitations does not begin until the claimant became aware of the injury that they suffered and the nature of the harm that has been done.

The “Discovery of Harm” rule is designed to protect a person against the circumstances where he or she only learns about the nature and scale of the harm done to them by an accident years after it happened. An example of this might be when the apparent minor injuries suffered in a fall at work that occurred as a result of employer negligence slowly develop into something more serious over time.

The delay in the discovery of harm must have been justified given the circumstances of each case. In effect, this means that the person in the example above can have their case dismissed if it can be proved that they had been suffering pain in the period between the occurrence of the accident and the discovery of harm but had not sought medical assistance. Such cases depend on being able to prove “discovery”, which becomes much more difficult if the person had been experiencing the effects of harm all along.

What To Do If You Have Suffered An Injury That Was Not Your Fault

As is demonstrated in this article, it is important to be seen by a doctor as soon as possible if you have suffered personal injury as the result of another person’s actions. The medical report that they provide will prove essential to your case. If they find nothing, but you later go on to discover harm, you may have a case, providing your claim falls within the limit of the statute of limitations.

If you are unsure about the law regarding the statute of limitations in your jurisdiction, it is wise to consult a legal professional who will be able to offer you free legal advice on your case.