If you suffered an injury in a car accident and aren’t to blame, you can file an insurance claim or personal injury lawsuit against the liable party. However, like any type of civil claim, an injured party must initiate a lawsuit by a certain time. After that point, no legal proceedings can happen.
Those unlucky enough to be injured in a car wreck have to contend with a chaotic post-accident period. In a time when physical recovery seems like it should be the priority, it is also important to consider your legal rights. Do not delay consulting a car accident lawyer, as waiting can jeopardize your rights to compensation.
What Is a Statute of Limitations?
From the moment you have a car accident, your state’s statute of limitations usually kicks in, starting a timer for filing a potential lawsuit. Put simply, the statute of limitations is a deadline that prevents you from bringing a civil claim after a certain time period has elapsed.
Statutes of limitations exist for various reasons. First, time can distort an accurate picture of what happened in the crash. As time passes, so does the chance of obtaining and using fresh evidence or witness memory recollection effectively. Therefore, it makes sense to hold legal proceedings closer to when the accident happened.
Further, the law does not force an at-fault party to wait indefinitely, worried about a potential lawsuit. After the statute of limitations passes, a liable driver can breathe a sigh of relief that they will not face a lawsuit.
Examples of Statutes of Limitations
Every state has a statute of limitations. For example, Wyoming gives plaintiffs four years to file injury and property damage claims. This is one of the longer car accident statutes of limitations in the United States, as most are in the two to three-year range. In contrast, Louisiana only allows one year.
Keep in mind that some states might have different statutes of limitations for different types of injury claims. Wyoming shortens its statute of limitations to only one year if the injury claim is based on intentional harm, such as assault and battery. Certain other states have deadlines for car accident claims that are different from those for other types of accidents. Some have different time limits for wrongful death from fatal car accidents.
In short, state laws regarding statutes of limitations are anything but simple and can vary greatly across state lines. Consult a car accident lawyer who knows your state’s laws as soon as possible so you never risk coming close to the statute of limitations.
Possible Exceptions to Statutes of Limitations
Generally speaking, statutes of limitations are strict laws. However, certain exceptions to these statutes can extend or even completely eliminate the time limit for filing a car accident injury lawsuit.
Discovery Rule
One common exception is the discovery rule. This rule applies in cases where the harm or injury was not immediately apparent. In such situations, the statute of limitations does not begin to run until the victim discovers or should have reasonably discovered the harm.
For example, say you feel a little sore in your back following your car accident, but assume this is natural and you are generally fine. You go home and head to work as usual for the next few days, not feeling like you have any injuries. Suddenly, a week later, you begin to feel increasing pain radiating to other parts of your body. You head to the emergency room and learn you have a herniated disc.
A herniated disc is only one example of a potentially “hidden injury.” These injuries are not immediately apparent, and the statute of limitations clock does not start ticking until you discover your injuries.
Injuries to a Minor
Statutes of limitations can be extended if the injured victim was underage at the time of the accident. The statute of limitation pauses and then gives them a reasonable time to file a lawsuit after turning 18. Often, parents file lawsuits on behalf of the minor sooner after the car accident, but this exception can be beneficial in some situations.
Issues with the Defendant
Another exception to the statute of limitations occurs when the plaintiff cannot pursue legal action due to circumstances beyond their control. For example, if the defendant is out of the jurisdiction or in prison, the statute of limitations may temporarily pause until the plaintiff can effectively pursue their case. This ensures that individuals are not unfairly denied their right to seek legal recourse.
Never assume an exception applies to your case, as an error can cause you to lose your rights to compensation. Instead, allow a car accident attorney to assess possible exceptions in light of your circumstances and state law.
What Happens if You Miss the Statutes of Limitations?
Failure to meet the deadlines set by the law can have serious implications on your legal rights and potential claims.
When you miss the statute of limitations, you effectively lose your right to bring a legal claim against a liable driver, regardless of the merits of your case. This means that even if you have a strong case and solid evidence, the court will likely dismiss it simply because you exceeded the time limit. It’s a harsh reality, but it highlights the importance of being aware of these limitations and taking immediate action.
Insurance companies will also know you missed the statute of limitations, which means your options are limited. You will have to accept the insurer’s settlement offer since litigation is no longer possible. You can bet the settlement offer will decrease substantially, affecting your financial recovery and future.
Never Wait to Consult a Car Accident Attorney
Even if you feel you have a long statute of limitations, waiting too long to file your claim only weakens it. Speak to a personal injury lawyer at Freeburg Law today— they will assess your options and take the necessary legal actions to seek the compensation you deserve. Consultations are free.