The statute of limitation is a crucial aspect of personal injury law. It defines the time allowed for the aggrieved party to sue for an injury that they have endured due to the negligence of another party.

The statute of limitations is one of the basic tenets of personal injury law that aims to safeguard the rights and interests of both the claimant, or the party seeking remedy, and the defendant.

It is important for accident victims to seek advice from personal injury attorneys. The expertise and experience of these legal professionals come in handy when fighting for compensation from the at-fault party.

The following sections talk about the statute of limitations in detail.

What is the Statute of Limitations?

The statute of limitation is the time limit within which a lawsuit may be filed so that damages may be recovered. This legal principle balances the rights of the injured party and those of the defendant. Failing to act in this period usually prevents the plaintiff from recovering damages.

The Purpose of the Statute of Limitations

The statute of limitations operates to promote fairness by requesting that the claims be made as soon as possible after an accident. Evidence may get lost as time goes on. Witnesses and sometimes even the parties involved can forget or misremember facts or events. A time limit keeps the evidence fresh and ensures fairness in the process.

The statute of limitations provides the defendant with some degree of certainty, protecting them from the constant threat of litigation. Without one, a case can drag in the courtroom for a while, during which the evidence needed to build one’s defense may have disappeared or deteriorated.

It supports plaintiffs with expedited filing for timely justice. The courts also benefit because the backlogs of cases are reduced on account of the interested parties.

The Discovery Rule

There’s an exception to the rule on the statute of limitation that is referred to as the discovery rule. It is often applied in cases where the injury may not be immediately apparent to the plaintiff, or the plaintiff may not immediately know the cause of the injury.

For instance, in cases involving medical malpractice or exposure to harmful substances, the effects of the injury may take months or even years to manifest.

The discovery rule moves the start of the statute of limitations from when the injured person knew or should have known about their injury. This extra time makes sure plaintiffs get a fair trial at the court, even in cases where the damage isn’t clear.

In addition to the discovery rule, there are a few other instances in which the statute of limitations may be extended.

In most states, if the potential defendant has left the state after the incident, then the clock essentially stops. So if someone who is responsible for your injuries disappears for two years, then the time period that you are allowed to file a lawsuit against them is increased by two years. However, this type of exception is sometimes difficult to prove.

Another exception where almost all states will extend the statute of limitations is when the injured party is:

• A minor
• Mentally ill
• Deemed insane
• Disabled

There may be other exceptions, and your state may not recognize some of the above. So always check with a lawyer.

Jurisdictional Variations

The statute of limitations for personal injury claims varies from one jurisdiction to another, with each state having its own set of rules.

For instance, in California, the statute of limitations for personal injury cases is generally two years, while for states like Massachusetts and Maryland, it’s three years.

Certain types of personal injury claims, such as medical malpractice, may have their own specific statutes, with shorter or longer timeframes than general personal injury cases.

Conclusion

The statute of limitations sets fair time limits within which the injured party can file for a claim. It forces plaintiffs to seek justice immediately, making sure that the evidence is not lost or misplaced. It also helps the defendants move on with their lives in the event that it is proven that they had no role to play in the accident victim’s injuries.