What is the Statute of Limitations for Personal Injury?

If you sustain injuries in an accident caused by someone else’s negligence, you may think that you can file a personal injury claim at any time. That’s not the case. You must file a lawsuit before the statute of limitations expires.

The goal of a personal injury claim is to recover compensation for the damages you suffer. Unfortunately, the insurance company liable to pay this compensation probably won’t treat you fairly without legal representation.

The personal injury attorneys at Fielding Law can help. We have years of experience handling claims like yours and dealing with reluctant insurance companies. We’ll begin building your case immediately so the statute of limitations doesn’t expire before we lose the opportunity to file a lawsuit.

What Is a Statute of Limitations?

A statute of limitations is the maximum amount of time that can elapse before taking a specific action. There are statutes of limitation for prosecuting some crimes, meaning that if police officers don’t charge the perpetrator within the time frame, the guilty party gets away with the crime.

In personal injury cases, the statute of limitation means the most time you can wait to file a lawsuit after your injury occurs. Every state has its own laws and regulations regarding the statute of limitations in personal injury cases.

For example, you must file your claim in court within one year of your injury in some states, while others allow six years. States can also have exceptions to their rules. It’s vital to find out the statute of limitations that applies to your particular circumstances to ensure you don’t miss the deadline.

If your statute of limitations passes, you’re unlikely to receive any compensation for the damages from your injury. Your personal injury attorney can tell you how long you have to file a lawsuit and help you recover compensation within the allotted timeframe.

When Does the Statute of Limitations Begin?

In most instances, the clock starts ticking when the injury occurs. For example, if you sustained apparent injuries in a car accident caused by someone else’s negligence, the date of the accident starts your eligible timeframe. However, many states allow exceptions to the statute of limitations in specific instances.

Some of these exceptions depend on when the injured person discovers:

• That they have a qualifying injury
• That a specific party’s actions or inactions might have caused this injury

The discovery rule covers those who weren’t aware of these circumstances before the statute of limitations expires. An example is someone who develops an illness over time caused by exposure to a harmful substance such as lead paint or asbestos.

Other potential exceptions to the statute of limitations include:

• The defendant leaving the state
• The plaintiff is a minor, mentally ill, disabled, or insane

The statute of limitations might differ if you intend to pursue a claim against a government agency. To ensure you don’t miss the deadline to file a lawsuit, consult an attorney as soon as possible if you think you have a valid case.

Why Should You Hire a Personal Injury Lawyer Early?

Depending on the type of personal injury claim you have, gathering evidence to prove someone else’s negligence and the adverse effects the injury you sustained has on your life can take lots of time. To establish your claim, your attorney needs to:

• Investigate your accident.
• Speak to witnesses.
• Obtain and review relevant documents, including police or work accident reports, medical reports, lost wages reports, and other qualifying reimbursable expense documentation.
• Look at photos and videos of the accident scene and your injuries.
• Investigate the guilty party’s actions or inactions and prove that they caused your injuries.

You have a limited time to file a lawsuit in personal injury cases. After your lawyer prepares your claim, they will begin negotiations with insurance companies. These negotiations can go slowly, taking up more of the statute of limitations period.

Your attorney needs sufficient time to prepare your case and attempt negotiations before filing a lawsuit, so don’t wait too late, or you may not have time to pursue your claim. Hiring a lawyer promptly can benefit you in other ways as well.

What Can Your Attorney Help You With?

At Fielding Law, we understand that you need to focus on healing from your injuries. When you hire us to represent you in your personal injury case, we will diligently pursue your claim and take care of the tedious aspects. These may include:

• Speaking to insurance company investigators, representatives, and attorneys on your behalf.
• Filing all paperwork related to your claim.
• Gathering evidence to support your claim.
• Arranging for specialists to examine you to assess and reinforce your medical condition.
• Giving you legal advice.
• Aggressively pursuing a favorable settlement for you.

We will tailor the way we handle your case to your circumstances. Our experienced attorneys will do everything we can to obtain a satisfactory outcome for you.

What Damages Can You Receive?

If your claim is successful, you may recover compensation for different categories of damages. Qualifying criteria vary by state, so check with your attorney to see what you are eligible for.

Economic Damages

If you sustain injuries in an accident or other type of personal injury case, you’ll likely face expenses as a result. Economic damages compensate you for those expenses, such as:

• Medical bills, including medications, rehabilitation, and medical equipment
• Lost wages due to time missed from work during your recovery
• Costs associated with hiring a caregiver
• Certain qualifying daily expenses
• Damaged property repair or replacement

Be sure to keep a record of all expenses related to your accident and injury, including receipts and bills. Your attorney will use them when calculating economic damages.

Non-Economic Damages

Not all losses after an injury are financial. Some things impact your life but don’t have a dollar amount. Non-economic damages compensate you for things like:

• Inconvenience
• Physical, emotional, and mental pain and suffering
• PTSD
• Diminished earning capacity if you’re unable to return to work
• Loss of the enjoyment of life
• Loss of companionship
• Permanent disfigurement

Some states allow non-economic damages only in specific circumstances. Your personal injury attorney knows the laws in your state and can help you obtain these damages if you qualify.

Why Should You Hire Fielding Law?

Fielding Law is unique in many ways. First and foremost, we offer our clients direct access and personal attention from their attorney. Unlike other firms, you won’t have to settle for speaking only to office staff if you want to talk to your lawyer.

Although we have the power and resources of a big firm, we take a small firm approach to our cases. We familiarize ourselves with the details of your case and give it the attention you deserve. We will update you regularly and answer all of your questions promptly.

Our attorneys are well versed in personal injury law, so we provide competent representation to our clients. We will aggressively pursue the highest amount of compensation we can obtain for you. We’ll take your case to trial if we don’t receive a fair settlement offer.

If you think you have a personal injury claim, let us assess the facts of your case with a free case evaluation. Get yours by calling (877) 880-4090, connecting via live chat 24/7 or completing our online form.