Car accident medical bills are often subject to a statute of limitations. Most likely, though, within this statute there are several exceptions that permit filing a lawsuit or claim beyond the prescribed time limitation.
Statutes of Limitations Explained
A statute of limitations is a law created by the state or federal legislature, depending on the court in which the claim is filed, that limits the amount of time in which a plaintiff may file a lawsuit. These limitations apply to an entire claim, not just a portion of a claim. Failure to file a claim within the prescribed time limit can result in the case being dismissed from court without the ability to appeal.
Statutes of Limitations and Car Accidents
The majority of states have laws which permit an injured party to file a lawsuit requesting compensation for medical bills stemming from an auto accident within two years of the accident. However, alongside this two year time limit is the exception for latent or delayed injuries. This exception states than an injured party has two years from the time the injury was or should have been discovered to file a lawsuit. When an injury should have been discovered is dependent on professional opinion and the injury itself. If there is debate about when the exception should have begun to run, the court will hold a hearing about whether the case should be dismissed.
Statutes of Limitations and Insurance Claims
Technically, statutes of limitations apply only to court cases and not insurance claims. However, some states have included in their laws a provision that includes insurance claims within the purview of the statute of limitations. Even without such a provision, an insurance company may deny a claim that is not filed within two years of the accident by claiming that the injury is too old to be related to the accident.
Medical Bills Irrelevant
It is irrelevant that an injured party is seeking compensation for medical bills in a claim beyond the two year limit. The statute of limitations applies to the type of case and not the type of damages sought. Therefore, claiming that a party seeks medical bills will do nothing to negate the statutes of limitations applicable to his claim.
Obtaining Legal Advice
If you have been injured in an automobile accident or are being sued for auto accident injures and question the applicable statute of limitations for such a case, seek legal assistance. A lawyer will discuss with you the statutes applicable to your situation.
