What Happens if You Miss The Deadline For Filing a Personal Injury Claim?
A deadline or the statute of limitations is a legal time limit for a person to file a lawsuit. You must meet the deadline set by the statute of limitations to avoid being barred from pursuing your legal claim. It can be a significant problem if you have suffered a personal injury and seek compensation for your damages.
It would be best to consider hiring a lawyer if you need legal and professional help to seek compensation for injuries and damages. The lawyer can help you understand the statute of limitations and ensure to file for compensation on time.
However, if you miss the statute of limitations for a personal injury, it can create additional problems. You can learn more by reading the blog ahead.
What will happen if I miss the statute of limitations for a personal injury?
There are different statutes of limitations for different types of legal claims. In the case of personal injury claims, the statute of limitations will vary depending on the state where the injury occurred and the case’s specific circumstances. Generally, the timeline for personal injury claims is between one and six years, with some exceptions.
If you miss the deadline for filing a personal injury case, it can be challenging to pursue your claim. The injured party can raise the statute of limitations to defend the lawsuit. In such cases, the court will likely dismiss the case. It means you cannot seek compensation for your injuries and damages.
Are there any exceptions to the statute of limitations?
Some exceptions to the statute of limitations may allow you to file a personal injury lawsuit after the deadline has passed. These exceptions are typically known as “tolling” provisions and can apply in certain situations.
For instance, if the victim of a personal injury was a minor at the time of the injury, the statute of limitations may be “dinged” or halted until the victim turns 18 years old. Similarly, suppose the victim was incapacitated or incompetent to file a lawsuit because of mental or physical disability. In that case, the statute of limitations may be tolled until the victim can file a lawsuit.
It is important to note that these exceptions are particular and apply only in certain circumstances. Suppose you are considering filing a personal injury lawsuit. In that case, it is essential to consult with an experienced personal injury attorney to determine whether you can use one of these exceptions to file your claim after the statute of limitations has expired.