Understanding the statute of limitation is essential for either party in a personal injury case. It is a legal time limit for an injured person to file a lawsuit against a negligent act that caused their injury.
Personal injury attorneys emphasize the importance of being aware of these time limits to ensure that victims can seek fair compensation in a timely manner.
In this article, we’ll define the statute of limitations, explain its purpose, and discuss the exceptions that may apply.
Definition of the Statute of Limitations
The statute of limitations is a law that sets the maximum period for you to start a lawsuit. This, in relation to personal injury law, means that a person must file their claim within a certain period from the date on which the injury occurred or was discovered.
The length varies depending on jurisdiction and type of claim, ranging from one to six years.
Purpose of the Statute of Limitations
There are two purposes for the statute of limitations, namely, legality and justice. By allowing only a limited time to file claims, the law wants to:
- Encourage the Filing of Claims in a Timely Manner: It ensures the timely settlement of disputes. The trial would be fair, as fresh evidence is available where the injuries are reported on time, with a possibility of most witnesses being available.
- Protect Defendants: It protects defendants from indefinite exposure to claims. Evidence, after some time, is hard to gather and may put the defense at a disadvantage in contesting the claim.
- Maintaining Judicial Efficiency: The time limit within which a claim could be filed means that courts had a caseload within manageable limits, concentrating on cases that are most likely to have relatively fresh evidence.
Exceptions to the Statute of Limitations
While the statute of limitations sets a general timeframe for filing personal injury claims, several exceptions may apply, allowing for extensions or modifications to the standard deadlines. They are listed below.
- The Victim is a Minor: In many jurisdictions, if the injured party is a minor at the time of the injury, the statute of limitations may be tolled (paused) until they reach the age of majority. This means that they can file a claim once they turn 18, even if the standard timeframe has passed.
- Mental Incapacity: If the injured person is mentally incapacitated at the time of the injury, the statute of limitations may also be tolled. This allows them to file a claim once they regain their capacity to understand the legal proceedings.
- Discovery Rule: In certain cases, the statute of limitations may start from the date the injury was discovered rather than the date it occurred. This is particularly relevant in cases involving hidden injuries, such as medical malpractice or exposure to toxic substances, where the victim may not immediately realize they have been harmed.
- Fraud or Concealment: If the defendant engaged in fraud or took steps to conceal their wrongdoing, the statute of limitations may be extended. This is to ensure that individuals who may have been misled can still seek justice.
- Government Claims: If the injury involves a government entity, different rules may apply. Many jurisdictions require a notice of claim to be filed within a shorter time frame (often as little as six months) before a lawsuit can be initiated.
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