nav-left cat-right
cat-right

Statute of Limitations and Your Car Accident Claim

Any state and jurisdiction has a statute of limitations for filing a personal injury lawsuit. There is often a distinct restriction in vehicle negligence cases than for other forms of injuries. Have a look at The Clark Law Office.

The passage of the Statute of Limitations date has the effect of barring the lawsuit as a matter of law. Any person who has been involved in a car accident should seek legal advice from an experienced car accident attorney. Basic privileges, such as the ability to sue for compensation, can be lost over time. Even if the Defendant does not request dismissal, the Court must dismiss the case.

The Court does not have the authority to hear a lawsuit that has been barred by the Statute of Limitations.

In situations of vehicle negligence, there are several exceptions to the harsh outcome of the Statute of Limitations. Courts have acknowledged such incidents and situations that would prevent the Statute of Limitations from running out. The law is tolled before the minor reaches adulthood because of the Plaintiff’s youth. The clock starts ticking until the minor reaches majority.

The discovery clause is another exception to the Statute of Limitations. Until the Statute restricts the time to file a lawsuit, the Plaintiff must know or reasonably be expected to know about the injury. The discovery exception to the Statute of Limitations must be shown, and a motion to dismiss must be answered. The court must decide that Plaintiff was unaware of the accident or its cause. It must be obvious that the Plaintiff may not have discovered the injury or its origin prior to the statute of limitations expiring. This rule is specific and does not extend to all situations.

The statute of limitations is frequently much shorter after it has been discovered.

Waiting after the statute of limitations has passed is often a risky condition for an injured individual. The person(s) responsible for the accident must be named in the lawsuit. The Statute of Limitations can prevent a re-filing of a complaint if a significant actor is forgotten or if any other aspect of the case needs to be changed. Because of a defendant’s improper identification or inability to name the correct defendant, the whole case could be dismissed.

For certain cases, the Statute of Limitations applies to more than one aspect of the case. Negligence and a faulty product can be involved in an event. If a product liability lawsuit is not filed within the 2-year period, it can also be filed as a negligence case within the 3-year limit.

One of the reasons for an injured person to pursue expert legal advice right away is the statute of limitations. Rights may be lost, and injured people can lose access to insurance provided by the statute. Wasted time can do more harm than good when it comes to a legal argument. Attorneys strive to offer legal advice as soon as possible in order to best support injured people.