What Is The Statute of Limitations Is In A Personal Injury Case?

You will definitely lose your personal injury claim or case if you file it after the statute of limitations has run out. It is, therefore, crucial to understand what it is for the state that you live in. When you are involved in a personal injury accident, you will want to file a claim or lawsuit and hire a lawyer. However, this individual will almost always reject the case if it is filed after the statute of limitations has passed. You need to know what the statute of limitations is and how it affects the outcome of your case.

What is the statute of limitations?

Your personal injury lawyer in Thousand Oaks will tell you that the statute of limitations is simply the amount of time that you have to file from the event of your personal injury accident. Because it is set by states, it differs from state-to-state.

The deadline is different in each state. Personal injury lawyers know that the statute of limitations differs in each state. For example, it is 2 years in California, 4 years in Florida, 3 years in New York, 2 years in Ohio, and 2 years in Texas.

You will lose your case if you don’t file it in time

Expect your case to be dismissed if you file it after the statute of limitations has passed. The defendant will definitely file a motion. This is a petition to the courts to have your case dismissed (thrown out!) The one exception is if there are legal reasons to extend the statute of limitations for your case.

Do you know about “tolling” and extending the filing deadline?

Your personal injury lawyer will tell you that you can ‘toll’ and extend the filing deadline in some instances. These exist under the following circumstances:

● The plaintiff is under the age of 18
● The plaintiff has been declared to be mentally incompetent or of unsound mind
● The plaintiff is in jail or is on active military duty during some of the time periods before the statute of limitations sets in
● The defendant is either absent or in hiding in the particular state
● The defendant is trying to hide or lie about the nature and the guild of the personal injury accident.

Your personal injury lawyer will tell you that you need to understand the statute of limitations and know what it is in your state if you want to have a shot at winning your personal injury case or claim. Thus, it is best to contact them as quickly as possible after the accident so that they can help you file the claim.