Statute of Limitations For Injury Lawsuits

The statute of limitations period applicable injury lawsuits widely varies based on the jurisdiction of the suit by state, the cause of action for a given injury lawsuit, and several other case-specific considerations. In every case, consulting with a lawyer in the state where an injury occurred is the only means of determining with certainty the exact statute of limitations period applicable to any intended legal action.

Statute of Limitations Periods Applicable to Some Personal Injury Lawsuits

Typically, each state will have a different length of time and other applicable conditions applicable to determining a statute of limitations period in a given case. Most states outline their statute of limitations periods according to different causes of action. Though the state statutes of limitations on the following types of claims will vary, an injury party may file injury claims under one of the following areas of law, including:

• Personal injury as the result of accident

• Personal injury as the result of slander, libel, or defamation

• Personal injury as the result of medical malpractice

• Personal injury occurring while in work capacity

The length of the statute of limitations period will vary for each of these causes of action by state laws. However, victims should understand that certain statute of limitations in each state may contain provisions for the limitations period to commence at the date of an incident or injury, or at the date of discovery of harm or injury. Furthermore, certain exemptions exist in statutes of limitations periods in cases involving minors and other case-specific incidents.

Affects of Expired Statute of Limitations Periods

Should a victim attempt to recover damages following the expiration of a statute of limitations period, their legal rights to recover compensation are essentially expired as well. However, with legal counsel, a plaintiff may be able to file for recovery of damages under a different type of legal claim with a favorable statute of limitations period. Furthermore, arguments can be made concerning the discovery of harm date versus the alleged date of actual injury, which a victim may not have discovered in due time.

Getting Legal Help with the Statute of Limitations Period Applicable to Your Injury Claim

Only an attorney, practicing injury law in the state where your injuries occurred, can advise clients on the applicable statute of limitations period in their case. The laws of each state vary, from one year up to six years in rare cases, and in turn, most legal counsel will advise clients to initiate the claims process as soon as possible to ensure their rights are not diminished should a statute of limitations period expire.