When harm has been perpetrated, victims have the right to seek monetary compensation. Unfortunately, civil law, which governs personal injury cases, dictates that cases must be filed within a given period of time. That being said, you might still have time to seek help if you qualify. Read on to learn more about the statute of limitations in regard to personal injury claims.
Why Make it More Difficult for Victims?
It might seem grossly unfair when you first consider how the statute of limitations quashes a victim's right to seek compensation. While these statutes exist, in part, because of tort reform, there are other good reasons why it's best not to wait a long time before taking legal action against those who might have caused you harm. The law portends to be fair to both sides in legal matters and ensuring that a defendant has an opportunity to defend themselves in a timely manner is important. As time goes on, evidence that supports both sides of the case is lost or weakened and becomes unreliable. Consider a car accident that occurred four years ago and how deteriorated the eye-witness and physical evidence might be if litigated at that point. Additionally, if the harm done to a victim warrants punitive actions, seeking justice sooner could prevent others from becoming a victim.
Where Should You File Your Case?
Many people incorrectly assume that their local courthouse is the proper venue for filing a case, but that is not always the case. You must file suit in the jurisdiction where the accident occurred and not necessarily your state of residence. This is important not just because the court will dismiss a case filed in the wrong place but because each state has different statute of limitations rules. Thinking that you have plenty of time to file suit in a certain state only to find out that you must do so in a different state altogether could mean missing out on being compensated at all. No matter how badly injured you might be and how much evidence you have, a case that exceeds the correct state's statute of limitations is no case at all.
Exceptions to Note
If you had no way of knowing that you had been harmed, the statute of limitations may be put on hold, or "tolled". This usually applies to cases where you might have been exposed to a toxic substance many years ago and are just now seeing the effects. Another example might be a car accident where you have been in a coma since the accident. Once you know about the harm done (or you should have known about it) the clock starts ticking again.
Take action and preserve your right to seek compensation by speaking to an accident lawyer.
Share14 March 2019
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