Statute of Limitations for Filing a Personal Injury Claim
Posted on Friday, October 4th, 2019 at 4:08 pm
Under a legal rule known as the “statute of limitations,” any claim arising from an accident or injury must be filed within a certain time limit. After that time limit expires, the legal claim of the injured person will be prohibited and his or her right to sue will be lost forever.
Each state has its own statutes of limitation for different types of legal cases. This establishes specific deadlines for a potential plaintiff to file a lawsuit in a state court or forever lose the possibility of filing a lawsuit on the basis of said claim.
Statute of Limitation Laws for Personal Injury Claims
In the United States, the statute of limitations in cases of personal injury claims ranges from one to three years. It depends on which state court is dealing with the case. The specific limit prescribed by Georgia state law is two years, but others have terms that reach four to six years before the statute of limitations expires. Some states have a shorter statute of limitations for personal libel and slander injuries. In addition, some states also shorten the term of the statute of limitations for cases of death due to negligence and medical malpractice.
(Note: State laws are reviewed frequently from year to year, so it is important to speak with a lawyer to understand how the current laws of your state will apply in your case, especially in areas as critical as the statute of limitations because there are special time limit rules for claims of injuries against the government).
When Does the Statute of Limitations Begin?
Understanding the statute of limitations is important to file the lawsuit. The beginning period of the limitation is to be noted also. Normally the statute of limitations period begins from the date of the accident that took place or the injury date that you suffered due to the accident.
Statute of Limitations: Change of Conditions
This situation only applies if you have already submitted your claim, but your condition has worsened since then. In this case, the resumption of your income benefits could be sought based on a “change of status.” You must do so within two years of the last date that the temporary total disability benefits or temporary partial disability benefits were “effectively done.”
Statute of Limitations: Permanent Partial Disability
If your condition causes permanent damage, you can apply for permanent partial disability benefits. However, a good personal injury lawyer knows that you must do so within four years from the last date on which temporary total disability benefits or temporary partial disability benefits. That is why it is important to have an experienced attorney on your side.
You can Cancel or Delay the Statute of Limitations
There are circumstances in which a worker can override the statute of limitations or delay it. Your attorney will be able to determine if any of these rules apply to your situation:
- The employer or insurer has made a false representation or misrepresentation to the employee;
- The employer or insurer assured the employee that they were going to pay the benefits; or
- The injured employee was incompetent to file the claim.
Contact an Experienced Personal Injury Attorney Today
To avoid the legal complexity of personal injury claims, you should consult with an experienced personal injury lawyer. The attorneys at Jonathan R. Brockman, P.C. have the experience needed to ensure you get the compensation to which you are entitled. Contact us today to schedule a consultation.