What is a statute of limitations?


If you’re like me, you love to procrastinate. Cleaning the dishes can wait another day, and I can put off changing my oil for a few more miles. One area that you really shouldn’t wait around on though is filing a personal injury claim. If you’ve been hurt or injured you don’t have a lot of time to waste. This process is known as a statute of limitations.

So, what is a statute of limitations, and how can it impact your case?

The statute of limitations is a statute prescribing a fixed period of time to bring a claim of action. Personal Injury cases generally have a 2 year statute of limitations. However, medical malpractice cases may allow for more leniency. This is known as the Discovery Rule. Under this theory of law the 2 year statute of limitations does not begin to toll until the harm or defect is discovered.

The purpose and effect of statutes of limitations are to protect defendants. There are three reasons for their existence:

  • A plaintiff with a valid cause of action should pursue it with reasonable diligence.
  • A defendant might have lost evidence to disprove a stale claim.
  • A long-dormant claim has the effect of cruelty over justice

Keep in mind, the statute of limitations for PI cases are prescribed for by state law. It’s important to check your own state’s guidelines to see what time limits you may have.

If you’d like to know more about filing a personal injury claim, call us today for a free consultation. Our Toll Free number is 1-877-526-3457. Or you can reach us online at JanDils.Com

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Jan Dils, Attorneys at Law

Jan Dils, Attorneys at Law