Statutes of Limitations Can Ruin Your Chances of Getting Compensated in Auto Accident Casesby Valerie Bock, September 15th, 2010
Get a Local Accident Lawyer to Help Your CaseWhat is Statute of Limitations in Auto AccidentsStatutes of limitations in auto accidents can expire, depriving you permanently of the ability to obtain compensation for injuries you've suffered in auto accidents. A statute of limitations is a state statute, or law, that sets a limit on the amount of time you have to file (not complete) a lawsuit, when you have an actionable legal claim against another person or entity. If you fail to file in time, your claim is said to be time-barred; it will most likely be impossible, in that event, to collect the money you are owed. What is the Purpose of the Statute of Limitations in Auto Accidents?States enact limitations periods to prevent so-called stale cases from entering the court system. State legislatures have determined that people who sit on their rights will eventually lose them, and statutes of limitations say when that will happen. The idea is that, with the passing of time, witnesses disappear, evidence becomes unavailable or is modified, and it simply becomes much harder to properly prove a case, making stale cases a bigger burden on the court system and subject to erroneous outcomes. How Much Time Do You Have to File an Auto Accident Claim?The answer depends on a number of factors. Because statutes of limitations in personal injury cases based on auto accidents are usually a matter of state law, the length of time that you have to file a personal injury lawsuit seeking damages from another driver based on the negligent operation of a motor vehicle varies from state to state. Many states have a one-year statute of limitations for general personal injury claims, and they may apply the same limitations period in automobile wreck cases. Other states allow longer periods for lawsuits arising out of motor vehicle negligence, in order to encourage the people and insurance companies involved to take the time to come to reasonable settlements, helping prevent court congestion. When Does the Statute of Limitations Begin to Run?Conflicts may arise over when the statute of limitations begins to run. In general, limitations periods begin to run when the cause of action accrues. In an auto accident case, that is usually the date when the motor vehicle accident occurred, for personal injury claims. For wrongful death actions, though, the cause of action accrues on the date of death, even if the accident that ultimately caused the death happened some time before. Suspension of the Statute of Limitations in an Auto Accident CaseIn a few rare cases, the law suspends the running of a statute of limitations for a period of time. The statute is said to be tolled by the existence of one of these factors. Different states have a variety of tolling grounds, but a few more common situations that can toll the running of a statute of limitations in a motor vehicle personal injury action include:
One thing that absolutely will not toll your statute of limitations is the fact that you don't realize you can file a lawsuit or that your time to do so is limited. Once you've missed the date, you may be completely barred from seeking any recovery - even a settlement with an insurance company, which will no longer have any motivation to settle with you. Immediately after any auto accident, even if you don't believe that you are seriously injured, you should consult a personal injury attorney who practices auto accident cases in your state. Finding an Auto Accident LawyerDon't make the common mistake of rushing into a personal injury lawyer's office, the day before your limitations period runs, expecting to find an accident attorney who is willing to take your case. Lawyers are obligated by legal ethics rules to investigate the lawsuits they file and to ascertain the appropriate claims to make. It takes time for an auto accident lawyer to gather medical records, accident reports, insurance policies, and other information necessary to determine whether you have a good personal injury lawsuit. Avoid letting inattention crash your personal injury recovery. Make an appointment to speak with a personal injury attorney who handles auto accident cases in your state, promptly after the occurrence of any motor vehicle accident. 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.
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