Statute of Limitations on Personal Injury Claims
Statutes of limitations vary for different claims and vary from state to state. Still, there are specific rules regarding time limits for personal injury claims. There are also rules about when the countdown begins for statutes of limitations. In some cases, statutes of limitations may also be tolled or extended.
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Variations
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While each state has its own statutes of limitations for personal injury claims, the time limit to bring forth a lawsuit can be as short as one year. This is the case in Kentucky, Louisiana and Tennessee. The longest statute of limitation for personal injury cases is in Oregon, which has a 10-year time limit. States may also have special rules for medical malpractice.
Accrual
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The statute of limitations starts counting down at the time a claim accrues. This is usually when the injury has been suffered. However, sometimes the injured person does not realize the injury immediately. This may be common in medical malpractice cases, which is a common personal injury case. For example, a surgeon may accidentally leave his clamps inside a person’s body but the person does not find out until a week later. In such a case, the statute of limitations begins when the injury is discovered.
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Tolling
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When a statute of limitation is tolled, the countdown on the time limit is stopped. Tolling may occur under various events and circumstances. One reason for tolling is that one of the parties is legally disabled and lacks capacity during the cause of action’s accrual. However, mere ignorance or absence of one of the parties from a jurisdiction does not toll the time limits unless otherwise stated in the law.
Statute of Limitation Defense
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If the plaintiff files a claim after the allotted time period, the defendant may use a statute of limitation defense. This defense is based upon the argument that the plaintiff’s claim should be denied due to filing the claim past the deadline. However, if the defendant fails to plead the statute of limitation defense, then he or she has waived the right to use this defense in the future for the particular case.
Personal Injury Cases Against the Government
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Filing a personal injury claim against a federal, state, or local government entity has different statute of limitation rules than other claims. You will be required to file a “notice of claim” shortly after accrual. Sometimes this time limit is as few as 60 days. For information about the statute of limitations about filing a government-related injury claim in your state, contact the involved government agency and consult a legal professional.
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