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The Statute of Limitations For Personal Injury Claims

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What is the statute of limitations for personal injury claims

Every state has its own set of rules that determine the time limit on filing a lawsuit. If you do not file your claim within the proper period, you risk forfeiting your right to sue and losing out on any monetary compensation that you might be entitled to receive.

The statute of limitations is a strict deadline that must be met by injured people or their representatives before they lose their right to sue and receive monetary compensation for injuries caused by another person’s negligence. It can be difficult to determine how long the statute of limitations will run, so it’s important to discuss your situation with an attorney.

Time Limits

If you have been injured, you need to file a personal injury claim promptly. Otherwise, your case may be dismissed before you have a chance to win compensation for your injuries and losses.

Fortunately, many states have established time limits for filing claims in various scenarios. This is called a “statute of limitations.”

In Pennsylvania, for example, the statute of limitation for bringing a civil lawsuit for personal injuries is two years. This includes auto accidents, medical malpractice, product liability and wrongful death.

The time limit also depends on the type of claim you are bringing. Some cases, like defamation torts or certain claims involving minors, have longer time limits than others.

In addition, New York has a special rule for toxic exposure cases. The discovery rule, codified in CPLR section 214-C, allows an individual to bring suit for injuries caused by toxic exposure that is not discovered until a certain amount of time after the injury has occurred.

Tolling

In a personal injury case, the statute of limitations is the deadline by which you must file your lawsuit in civil court. It typically begins on the date of your accident, but there are many exceptions that could allow you more time to file a claim.

When these exceptions apply, the plaintiff and defendant may make an agreement to extend the statute of limitations period by temporarily suspending it. This is called a tolling agreement and it can be an important tool for both sides in a personal injury dispute.

Tolling an extended statute of limitations for a personal injury case can give you more time to negotiate with the opposing side and avoid the need for a trial. But it can also be dangerous if you don’t take the necessary precautions before signing a tolling agreement, so you should always speak with an attorney before deciding whether or not to sign one.

Extensive Statute of Limitations

If you want to file a lawsuit against someone, you must do so within a certain amount of time. This time limit is called the statute of limitations, and it’s an important part of any legal claim.

The statute of limitations for personal injury claims varies by state, by type of claim and there are many exceptions as well (some shortening the period). An experienced attorney can help you determine what your case is, what the appropriate statute of limitations is and whether it falls within any of the exceptions.

The discovery rule is another important exception, allowing a plaintiff to file a lawsuit even if the injury didn’t occur immediately or until much later. For example, imagine a tenant was exposed to asbestos in a rented house for years, then they discovered in 2000 that they have lung cancer from the exposure.

Contact an Attorney

When you’ve been injured in an accident, it can be a confusing time. There are medical bills to pay, insurance calls to make and many other things that seem intimidating and overwhelming at first.

A personal injury claim can take a long time to resolve, but a skilled attorney can keep your case moving in the right direction. Your attorney will communicate with you constantly and be proactive to ensure that your case stays on track.

Another important factor in a successful personal injury settlement is negotiating with the other party’s representative. These individuals have training in driving a hard bargain and they will work to convince you that the amount of compensation you are entitled to is too little.

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