How Long Will The Statute Of Limitations Be For Your Injury Case?
In a typical injury case, the claimant has a limited period to officially notify the defendant that they demand compensation. The statute of limitations is a law that each state has that determines how long you have to file, and every personal injury lawyer has to pay close attention to it. You'd be right to wonder how this might affect your case. Below is an article that takes a look at how statutory limits on filing times work.
General Negligence Claims
The majority of cases fall into the category of general negligence. For example, a sidewalk slip-and-fall claim involving an icy patch in front of a store is a classic type of general negligence. No one overtly meant to harm anyone, and the incident is what a reasonable onlooker would readily describe as an accident.
States in the U.S. handle general negligence roughly the same way in terms of their statutes of limitations. Claimants have between two and three years to submit their claims to the defendants. The clock starts from the time of the accident. It's still wise to contact a personal injury attorney in the state where you plan to file to learn what the specific rules are there, though.
Exceptions that Benefit Victims
States vary when it comes to carving out legal exceptions. For example, many states have separate statutory limits if someone was exposed to chemicals, biological agents, or radiation. Usually, the clock doesn't start on these cases until the victim becomes aware of the exposure through medical testing.
Similarly, many states have carve-outs for childhood sexual abuse claims. A few states have no limits, and some don't start the clock until someone becomes an adult.
Government Exceptions
At the opposite end of the scale in terms of victims' rights, many states carve out shorter statutes of limitations for claims against them. Likewise, some states extend this benefit to their designees and local governments. That means you might only have, for example, six months to start a claim if you were injured at a government building. If you have a case involving a claim involving a local or state government, ask a personal injury attorney to check out what the rules are there.
Federal law creates a separate process for claims against the U.S. The federal government is self-insured in most cases, and it uses an administrative process rather than a claims system. On the upside, the Federal Tort Claims Act uses the relatively standard two-year limit.
