Time Limits for Personal Injury Cases

You should file a personal injury claim if you sustain injuries following an auto accident, slip and fall, motorcycle, or any other incident that falls under personal injury. Personal injury compensation is designed to help victims of personal injury recover the costs of medical expenses and other damages resulting from another person’s negligence. Some claims are also eligible for punitive damages.

However, you should adhere to various legal provisions to claim the compensation successfully. Of most importance is ensuring that you file your claim within the required time limit. Widely called the statute of limitations, this is the period you have to file a lawsuit against the negligent party.

Why Are There Limits Imposed on Personal Injury Claims?

The statute of limitations is there to favor both parties involved in personal injury cases. Generally, the quicker you process the claim, the easier it is to collect strong evidence. As for the defendants, living with the prospect of potential legal action for years after the accident is unfair. The statute of limitation for personal injury claims varies from 1 to 6 years depending on the state and type of claim. Some exceptions can also lengthen or shorten this period.

Calculating Time Limits

You should contact Nashville injury lawyers immediately after the accident. Personal injury attorneys use the following to determine the time limit for your claim:

• The date of accident, also called the date of knowledge, refers to the date on which you realize your injuries and can identify the third party responsible for the accident. In most personal injury cases, this is the day of the accident. However, some personal injuries take time to manifest.
• Determine the expiry date of the time limit based on the type of accident and specific state laws.
• Send Form A to the injuries board for assessment

After evaluating your claim, the injuries board can recommend a settlement figure or direct the case to proceed to court. If the board authorizes your case to proceed to court, your lawyer has six months to pursue the claims.

Time Limits for Children

The statute of limitations has a few exceptions, including cases involving children. Personal injury cases involving minors, essentially anyone below 18 years, are treated differently from claims involving adults. This is primarily because minors can’t file the claim themselves. The time limit for children starts immediately after their 18th birthday.

However, they can file the claim before the 18^th birthday with the help of parents or guardians. This is recommended for some personal injuries that rely on fresh evidence. You should contact an attorney immediately to discuss the steps to follow if your child sustains personal injuries.

Endnote

Ideally, you should pursue compensation for personal injuries immediately after the accident. This gives you the best opportunity to conclude the case before the deadline. The details of what transpired are also clear in your memory. Note that failing to file your claim within this period voids your right to pursue compensation.