If you were recently injured by an individual, there is a concept you need to be aware of. It is called the “statute of limitations,” and it will affect your ability to receive the compensation you are due. The concept is not too hard to understand, but most people just do not even know it exists. This guide will answer all your questions.
What Is It?
The statute of limitations is essentially a time limit to file a personal injury lawsuit. If you try to file a lawsuit after the statute of limitations has expired, it will be thrown out. Keep in mind that the time limit is to file a lawsuit. Your suit does not need to finish completely before the statute of limitations expires. However, it does take a few days or weeks to file, which means you should not wait until the very last minute.
How Long Is the Statute of Limitations?
Do not worry about the statute of limitations expiring before you have a chance to file. The absolute shortest it can possibly be is one year. The state you live in, and the type of lawsuit you plan to file, will determine how long the statute of limitations is for you. In nearly all states, the statute of limitations is either two or three years for personal injury lawsuits. This is true for all states except:
- Kentucky
- Louisiana
- Tennessee
- Wyoming
- Florida
- Nebraska
- Utah
- Missouri
- Maine
- North Dakota
If you live in one of these 10 states, the statute of limitations will be one, four, five, or six years. It is important to know what the statute of limitations is for your state.
The Discovery Rule
There are very few exceptions to the statute of limitations limit. However, there is one major exception called the discovery rule. This rule states that the statute of limitations does not begin counting down until you discover the injury, or until you discover the identity of the individual who injured you.That means if you are involved in a hit and run accident and you never learn who caused your injury, your statute of limitations will never expire until a certain number of years after you discover who injured you. The same is true if you are injured in an accident, but the injury is subtle enough that you do not realize it for several months or years. If you have any other questions, you should speak with an attorney, like a Milwaukee personal injury lawyer from Hickey & Turim, SC, who is experienced in personal injury cases.