Statutes of limitations for personal injury vary by jurisdiction and type of claim. They prevent lawsuits from being filed too long after an injury, but the clock may start after the damage is discovered. It’s important to understand the process on a case-by-case basis and to act quickly in areas with short statute periods.
A statute of limitations for personal injury is the maximum legal amount of time between an injury and filing a lawsuit for damages. These statutes vary widely by jurisdiction and can even be different depending on the type of claim. To learn the statute of limitations for personal injury in a specific region, check with a local court clerk or search online for the applicable legislature in your area.
Personal injury is defined as injury to the mind or body of a person through the negligence, accident, or willful actions of another person. It can include a variety of crimes, including slander or defamation, physical or emotional abuse, medical malpractice or malpractice, and even manslaughter. Personal injury lawsuits are usually within the jurisdiction of the civil court, which means that an offense was committed against an individual and not against the state or country. In these cases, a judge usually has the power to award monetary damages up to a certain US dollar value, for the accident, as well as for things like court costs and wrongful conduct penalties.
A personal injury statute prevents a plaintiff from bringing a lawsuit long after the accident has occurred. There is, however, one important exception to this concept that many jurisdictions accept. The statute of limitations clock only begins to tick after the damage is discovered by the plaintiff; for example, if a physician carelessly left a surgical towel in a patient and the towel has not been discovered for several years, the patient’s window for filing the lawsuit will not begin until the towel is discovered. If, however, the plaintiff knew something immediately exhibited symptoms of faulty surgery but chose not to see a physician about the problem, the damage discovery rule may not apply.
Depending on the type of claim, the statute of limitations for personal injury can be different. For example, in Maine, the statute of limitations for personal injury for most lawsuits is six years, but for defamation and slander cases it is only two years. In Florida, most claims are allowed a four-year statute of limitations, but medical malpractice and wrongful death claims are limited to two years.
The advice of an experienced attorney or legal aid professional can help an individual resolve personal injury statute of limitations issues. Since the time periods and the rule for discovering damage vary from region to region, it is important to understand the exact process on a case-by-case basis. In areas with short statute periods, it’s vitally important to move quickly and get the necessary documents on file before the statute expires. Remember, the statute of limitations almost always relates to the filing date of the case, not the start of the process.
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