Statute Of Limitations And Personal Injury

Time Limits for a Personal Injury Suit

Each state has its own statute of limitations regarding how long you have to file a personal injury claim.

For example, Montana limits the amount of time you have to sue for personal injuries suffered during an auto accident to three years. Nebraska gives you up to four years to file suit to be reimbursed for personal injuries. You have up to two years to file a personal injury lawsuit in California.

If you file your claim after the statue of limitations has expired, you might forfeit your ability to sue another driver or his car insurance company. This could disallow you to be compensated for personal injury (and even property damages) that you suffered during the auto accident.

Filing a lawsuit after the statute of limitations has expired in the state where you file the claim could also impact your ability to be compensated for pain and suffering related to the car accident that you continue to experience years after the actual accident occurred. Because long term medical care can be expensive, filing a lawsuit early can save you hundreds or thousands of dollars.

Going Beyond the Statute Of Limitations

Some states allow drivers to file a accident claims after the statute of limitations has expired if injuries they suffered during their auto accidents caused them to be physically unable to file a claim earlier. Should this apply to you, contact an attorney who is experienced handling auto accident personal injury cases.

Your personal injury attorney will likely request that the courts have the statute of limitations tolled. In states where the statute of limitations do not begin until you become aware of the injury, you can also work with an attorney to prove that you experienced no discomfort related to the injury until one to two years after the accident.

Of course, the best approach is to file the lawsuit as soon as possible following the actual auto accident. Doing so could save you additional attorney fees, time, and discomfort. You could also recoup wages that you lost due to the accident.