Statute of Limitations for Personal Injury Claims

Like most other civil litigations, claimants must bring personal injury claims to court inside of a set period of time, often referred to as the statute of limitations. This time limitation varies from state to state. The reason for this deadline is the same in all states however. Courts balance the interests of both sides of a lawsuit. By requiring a case filing in a timely manner, the court is protecting the defendant's interest to a fair trial. Testimony and evidence tends to deteriorate as time goes by. The statute protects the defendant from this degraded evidence. It also protects the plaintiff in the same way since the time delay may damage their case as well.

For most people, a statute of limitation should be clear. The incident happened on X date. The statute of limitations in this state for this type of incident is 2 years. That means that a suit must be filed before X date + 2 years. That doesn't always add up the same in a courtroom. More often than not it does, but there are some circumstances where it doesn't. Some injuries do not show up immediately. In those circumstances, the clock may not begin until you discover the injury. However, the judge, not you or your attorney, will decide this delay in the clock.

As stated before, individual states have set their own limitations. If you are injured, it is in your best interests to find out what the limitations in your state are. Do not use another state's information since it will not apply in yours.

For example, Tennessee is tight on their time lines. They require claims be filed within a year of the incident. The time is even less for slander or libel. That limit is six months. On the other end of the spectrum is North Dakota, which gives six years for claims of personal injury. The exceptions are two years for slander or libel or in the case of wrongful death.

Do not delay if you sustain injuries due to the fault or negligence of another. The statute of limitations begins ticking immediately. Consulting an attorney may be in your best interest. At the very least, take time to do research on your own and find out what your options are. Delays are in the interest of the parties that injured you, not yours.

Myers Injury Law is a St. Louis-based personal injury law firm that specializes in truck accidents. Their attorneys understand the trucking industry and have the specific background and skills necessary to maximize a truck accident settlement.