Statute of Limitations: What you need to know

Statute of Limitations: What you need to know

If you or a loved one has suffered an injury due to someone else’s negligence, you may be entitled to compensation.

However, time is of the essence.

The law imposes strict deadlines—known as statutes of limitations—on when you can file a lawsuit. Missing these deadlines can mean forfeiting your right to recover damages, regardless of how strong your case may be. In this article, Shey Davis Law explains what statutes of limitations are, why they exist, how they work, and what you need to know to protect your legal rights.

What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. In the context of personal injury, it is the period during which you can file a lawsuit to seek compensation for harm caused by another party’s actions or negligence.

Statutes of limitations vary by state and by the type of claim. For example, the deadline for filing a personal injury lawsuit after a car accident may be different from the deadline for a medical malpractice claim. It’s crucial to know the specific statute of limitations that applies to your situation.

Why Do Statutes of Limitations Exist?

Statutes of limitations serve several important purposes in the legal system:

• Encouraging Prompt Action: By requiring lawsuits to be filed within a certain period, the law encourages injured parties to act quickly. This helps ensure that evidence is fresh, memories are clear, and witnesses are available.

• Protecting Defendants: Defendants are protected from being sued years or even decades after an alleged incident, when evidence may have deteriorated or disappeared.

• Promoting Legal Certainty: Statutes of limitations provide structure and finality, allowing individuals and businesses to move forward without the constant threat of old claims.

  
  

When Does the Clock Start?

In most personal injury cases, the statute of limitations begins to run from the date of the incident that caused the injury. For example, if you are injured in a car accident, the clock starts ticking on the day of the crash.

However, there are exceptions. In cases where the injury is not immediately apparent—such as with certain medical malpractice or exposure to toxic substances—the statute of limitations may begin when you discover (or should have discovered) the harm. This is known as the “discovery rule”.

Exceptions and Special Circumstances

While the general rule is that the statute of limitations begins on the date of the injury or its discovery, there are important exceptions:

• Minors: If the injured party is a minor, the statute of limitations may be paused until the child reaches the age of majority.

• Mental Incapacity: If the injured person is mentally incapacitated, the statute may be paused until the incapacity ends.

• Defendant Leaves the State: If the person responsible for your injury leaves the state, the statute of limitations may be paused until they return.

• Fraud or Concealment: In cases where the defendant has hidden evidence or committed fraud, the statute may be extended.

These exceptions are complex and vary by state. Consulting with a personal injury attorney is essential to understand how they may apply to your case

Conclusion

The statute of limitations is a critical legal concept that affects every personal injury claim. Understanding and respecting these deadlines is essential to protecting your right to seek compensation. With variations by state, type of claim, and special circumstances, it’s important to consult with a knowledgeable personal injury attorney as soon as possible after an injury.

At Shey Davis Law, we’re committed to helping our clients navigate the complexities of personal injury law and ensuring they meet all necessary deadlines.

If you’ve been injured, don’t wait—contact us today to protect your rights and secure the compensation you deserve.