Statute of Limitations for Personal Injury Claims: How Long Do You Have to File?
Suffering a personal injury can be a traumatic and life-changing experience. Apart from the physical and emotional trauma, it can also have a significant impact on your financial well-being. In such a situation, filing a personal injury claim can help you get compensation for your losses. However, it is important to understand that there is a limited amount of time in which you can file a claim. In this blog post, we will discuss the statute of limitations for personal injury claims and how long you have to file.
What is the Statute of Limitations?
The statute of limitations is a law that sets a time limit on how long you have to file a claim in court. This time limit varies depending on the type of claim and the state where the injury occurred. The purpose of the statute of limitations is to ensure that cases are resolved in a timely manner and that evidence and witnesses are still available.
How Long Do You Have to File a Personal Injury Claim?
In most states, the statute of limitations for personal injury claims is between one and three years from the date of the injury. However, there are some exceptions to this rule. For example, if the injury is not discovered until later, the time limit may be extended. Similarly, if the injured person is a minor or mentally incapacitated, the time limit may be tolled or paused until they reach the age of majority or are no longer incapacitated.
Why is it Important to File a Claim Before the Statute of Limitations Expires?
Failing to file a claim before the statute of limitations expires can result in losing your right to seek compensation. Once the statute of limitations has expired, you will not be able to file a claim, and the court will dismiss your case. This means that you will not be able to recover compensation for your losses, no matter how strong your case may be.
How Can an Attorney Help?
An experienced personal injury attorney can help you navigate the statute of limitations and ensure that you file your claim before the deadline. They can also help you gather evidence, negotiate with the insurance company, and represent you in court if necessary. By working with an attorney, you can increase your chances of success and ensure that your rights are protected.
It is important to file a personal injury claim before the statute of limitations expires. The time limit varies depending on the type of claim and the state where the injury occurred. Working with an experienced personal injury attorney can help you navigate the statute of limitations and increase your chances of success. Don’t hesitate to contact an attorney as soon as possible after the injury occurs to ensure that you meet the deadline.
A personal injury lawyer can help you understand your legal options and negotiate a fair settlement on your behalf. Click here to schedule a free consultation with one of our skilled California lawyers to learn more about your options. Or call our offices at 707 549 8166.