If you ever sustain injuries in any situation due to another person’s actions or negligence, you may be eligible to seek compensation. However, filing a personal injury lawsuit is not an easy task. Consulting a personal injury lawyer in Sacramento can save you the hassle because experts know the job. Investigating whether you have a legitimate personal injury claim or what types of damages you may receive for compensation and seeking legal representation could clear your doubts. In addition, you should find out how long you have to sue for your injury.
Here is a Closer Analysis of the Topic
Many cases have a statute of limitations or a period to file a lawsuit after the accident. Once the period ends, you will not be allowed to file a lawsuit against the other party and recover damages, except for certain exceptions.
In some situations, if your injuries do not show up yet, the window for filing a lawsuit could not open until the day you become aware of your injuries. The statute of limitations for bringing personal injury lawsuits in California has been established for two years. If you submit your claim after the statute of limitations has passed, you might not be able to pursue compensation. Consulting an auto accident lawyer in Sacramento can help you file your lawsuit without any hurdles.
State Rules Are Different
Statute of limitations can vary both by case and by state. For auto accidents, Illinois allows two years for personal injury lawsuits. This deadline may be shorter (one year in Kentucky) or longer in other states (three years in New Mexico and four years in Utah).
Personal injury claims are almost always restricted to a time limitation based on the state and the injury. The circumstances surrounding the incident may allow for extensions, but the time frame to file for a claim is often controlled by what is known as a statute of limitations.
This statute specifies the personal injury lawsuit timeline available for a person to file a claim, with or without the assistance of counsel. A legal counsel may be required to seek a higher level of compensation when claims are processed through a settlement with an insurance company. If this does not work, litigation is the next step.
There is a time limit for litigation, even when it involves a compensation claim for a corporation or a person. Even with the best proof, if you violate this restriction, the claim is void and cannot be pursued.
States have different statutes of limitations for filing lawsuits in the civil court system. Many states have a deadline that only applies to personal injury cases (or to lawsuits alleging "negligence," which is the legal fault theory under which most personal injury lawsuits are brought).
Regardless of the statute of limitations that could be involved in your possible case, if the deadline expires and you still attempt to file a lawsuit, your case will face rejection. The filing deadline may occasionally be extended by exceptions, although these are uncommon.
No Lawsuit Filing
Even if you don't intend to sue after an accident, it's crucial to understand your state's statute of limitations and how it relates to your circumstances. When filing an insurance claim, it's important to take adequate time to file a lawsuit, or at the very least to have that option available in case you need it as a negotiating tool for a personal injury settlement.
When Does the Clock on the Statute of Limitations Start?
The clock of the statute of limitations starts ticking in the majority of personal injury claims on the day the accident occurred. For instance, the date the crash took place in a lawsuit involving an auto accident.
Related Article - Personal Injury Lawsuit Statute of Limitations
The Standard Statute of Limitations in Personal Injury Cases
Depending on the state, the personal injury statute of limitations can be as short as one year or as long as six years. Check your state's statute of limitations for further information about the laws that apply where you live.
Conclusion
It is important to understand the statute of limitations for filing a personal injury lawsuit. Consulting an attorney about how long you must sue someone after an accident can help clear many doubts.
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