Limitations in Personal Injury Lawsuits

A personal injury lawsuit is filed by the injured individual to claim compensation for the injury/damage. Compensation may be claimed if an individual suffers injury due to a car accident, slip and fall, dog bites, etc. if someone else is responsible for the injury.

However, there are certain limitations while filing a personal injury case that you must be aware of.

Watch out for the Deadline

Every state in the US specifies a certain time limit before which a personal injury lawsuit may be filed after the injury occurs. The time restrictions vary for different types of cases.

Here are some common statutes of limitations:

  1. Physical Injury:

    If you are hurt due to the negligence of another person in instances such as accidents, assault, battery, etc., you will need to file the case within 2 years from the date of the injury.

  2. Damage to Property:

    In case your property is damaged due to an act of another, you can file for compensation against that individual. Damage to the property could be trespassing in your property, crashing your vehicle, etc. A plaintiff can file a lawsuit for claims of compensation for damage to his property within 3 years after the date of the damage.

  3. Defamation:

    You can file a lawsuit against someone who defames you in print, writing, or verbally within one year from the date of the injury.

  4. Patent Defects:

    These lawsuits are filed against architects, contractors, builders, etc. in case the design or construction of a property causes injury to an individual or a property. These lawsuits need to be filed four years from the date when the construction was completed.

  5. Medical Malpractice:

    A lawsuit against a healthcare provider for medical malpractice must be filed within one year from the date the plaintiff knows about the injury, or three years from the date of the injury, whichever is earlier.

  6. However, these time restrictions may vary from state to state.

Exceptions to the Deadlines

The statute of limitations can extend under certain circumstances. An extension may be granted if the injured person is a minor or if he is mentally incapacitated. The deadline may also be extended if the defendant in the case has left the state for a certain period after the accident.

It is also important to note that a single instance of personal injury may contain more than one claim. For instance, if an individual gets injured in a car accident, he may file lawsuits for compensation for medical expenses for the treatment, damage to his car, loss of wages, etc. The statutes of limitations for each one of these lawsuits is different.

Only an experienced personal injury lawyer is aware of these deadlines for different types of cases. Therefore, you will need the services of the best personal injury lawyers to safeguard your interests.

Autrey Law firm has the best personal injury lawyers. Our lawyers are well-well-experienced and knowledgeable. They are licensed to represent clients in State, Federal, and Judicial courts in North Dakota.