As part of any legal claim involving car wreck injuries, a victim must consider the potential for state statutes of limitations to influence the ability to proceed with a claim. Each state possess individual statutes of limitations governing recovery of damages in any civil action, including damage recovery for car wreck injuries. If a patient does not file a claim within the sufficient period noted by the statutes of limitations, his or her ability to recover compensation is greatly diminished, if not completely, in most cases. For this and other reasons, persons injured in car accidents are highly advised to seek legal counsel as soon as possible following a car wreck accident involving injury. Not only can a lawyer determine what statutes of limitations are applicable in a given case, but also, ensure appropriate legal action is taken to ensure a victim’s right to sue. Should a victim elect to pursue a claim against a liable party, he or she will also require the insight, guidance, and representation of a car accident lawyer.
Statutes of Limitations Applicable to Car Wreck Injuries
Every state’s individual statutes of limitations concerning bodily injury as the result of negligence will widely vary, as will the exemptions or tolling statutes applicable to certain cases. In all cases, the applicable statutes of limitation applied to a given case will be determined by the jurisdiction where an auto accident or collision occurred. With this information in mind, a victim can generally locate the applicable state statutes of limitations in personal injury cases with ease, most states statutes of limitation range from one (1) up to six (6) years in certain cases. However, a victim should understand that certain cases are not covered by the statute of limitations, but rather, are tolled in the event a victim is a minor, is mentally incompetent, or other issues mentioned in state-specific laws.
Statutes of Limitations Applicable to Car Wrecks outside of Personal Injury
In certain cases, a victim’s injuries may not necessarily be caused by another driver, but rather, the negligence of an automaker, designer, or marketer. In these cases, a victim will likely file a products liability suit against liable parties. This will incur a significantly different period of statutes of limitations than typical personal injury cases in most states. Additionally, certain injuries sustained following a car wreck may potentially be the result of medical negligence, and in turn, a victim will be required to adhere to a different set of statutes of limitations in cases involving professional medical negligence.
Getting Legal Help with Statutes of Limitations
In short, without actually consulting with a lawyer with an in-depth understanding of the applicable state statutes of limitations, a victim will likely not be able to determine definitively the applicable statutes of limitation in his or her own case. With a lawyer, who is informed of the case-specific information by the victim, a victim can make an accurate determination of the statute of limitations period his or her injuries is bound to and can take legal action to preserve the ability to recover damages.
