Statute of Limitations Limits Your Time to File Personal Injury Claim

It's Important to Get Advice Quickly

In personal injury, a statute of limitations in the state where the auto accident occurred may limit the amount of time that you have to file a personal injury lawsuit for auto accident liability against the person or people at fault. Each state's limitations period is different. If you miss the personal injury statute of limitations date, you will likely be barred from making a personal injury legal claim against those who are responsible for your car accident injuries, meaning that you will never receive compensation.

You are strongly advised to seek legal advice from a licensed personal injury attorney who practices automobile accident cases in the state where the accident occurred, as soon as possible after the accident. A personal injury lawyer is obligated to spend time investigating your claim, before a lawsuit can be filed, and if yours cannot be filed in time, you lose automatically. You won't even be able to pursue a settlement with the other driver's liability insurance company.

Below is a 'Personal Injury Statute of Limitations Chart' that outlines existing limitations periods for personal injury claims arising out of auto accidents in each state.

Personal Injury Statute of Limitations Chart

*The Personal Injury Statute of Limitations Chart information provides general guidelines only, and this chart does not constitute legal advice in any form. In fact, determining the personal injury statute of limitations that applies in your case is often not a cut-and-dried inquiry. Litigation over the applicable personal injury statute of limitations can force you through a mini-trial before the initial filing of your lawsuit is ever determined to be timely.

Personal injury cases that result from motor vehicle accidents are a matter of state tort law dealing with negligence, but they may also be subject to the terms of special personal injury statutes that relate only to car accident laws. Your applicable personal injury statute of limitations may be the same statute of limitations that applies in general cases of personal injury, or your state may have enacted a different limitations period that applies only to personal injury claims arising from car crash cases. In addition, note that the Personal Injury Statute of Limitations chart is intended to survey only personal injury statute of limitations for claims from auto accident cases, but wrongful death claims may be subject to a different, shorter personal injury statute of limitations.

As you can see from the chart, some states allow only one year to file a court case, while others allow up to six years. It is not uncommon to find that the limitations period applicable to your case is different from the personal injury statute of limitations that controls an identical situation in another state. For example, if your accident occurred in New York State, don't be lulled into a false sense of security, just because your cousin in Ft. Lauderdale had four years to file her car accident lawsuit.

When considering the personal injury statute of limitations chart, keep a couple of things in mind. First, this chart assumes that the personal injury statute of limitations begins to run on the date of discovery of the injury. In most auto accident cases, that is the same as the date of the accident. Under some states' laws, this may not always be the case. Bear in mind, too, that while these limitations periods may apply to actions for injuries, a different, possibly shorter, statute of limitations may apply to actions for the wrongful death of your loved one or for other kinds of damages caused by an auto accident.

It is never advisable to delay seeking legal advice from an auto accident attorney until you believe that your statute of limitations is about to expire. To do so is to court legal disaster, because a mistake could cost you the ability to obtain any compensation for the injuries you may have suffered in an auto accident. Under normal circumstances, if you seek prompt legal advice after a motor vehicle accident, the personal injury statute of limitations is not likely to become an issue in your case. Hiring a personal injury attorney, immediately after any auto accident, is the best way to avoid arguments over whether your claim has been time-barred by the personal injury statute of limitations.

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

Tags:  Auto Accident Attorney · Auto Accident Liability · Car Accident Laws · Personal Injuries · Personal Injury Lawsuit · Statute Of Limitations · Wrongful Death