Understanding the Statute of Limitations in Your Personal Injury Case

When considering all the ramifications of your personal injury case, one important aspect to keep in mind is that every state has a statute of limitations that may impact your claim.

First, a definition

A statute of limitations is, quite simply, a law that imposes a strict time limit on a civil lawsuit, whether libel, slander, medical malpractice, wrongful death, or in this case, personal injury. The tricky part is, each state, and the federal government for that matter, has different statute of limitations for different types of cases. Make sure you know the deadline for personal injury cases in your state. For instance, here in Ohio the statute of limitation for personal injury cases is two years.

When does the clock start?

A general rule of thumb is that the clock starts to run on the statute of limitation period on the day of your injury. Depending on your state, this could range from as short as one year to as long as six years. But . . .

Other possible statute of limitations exceptions

There are other possible exceptions to personal injury statute of limitations, but they again depend on your state. Some of these exceptions include: if the injured party was a minor or incarcerated; or, if the person responsible for the injury left the state for an extended period of time after the accident. Again, these pauses in the deadline are not automatic.

If the statute of limitations is about to expire . . .

. . . and your personal injury claim has not been settled, you can still file a lawsuit. Filing a lawsuit, as long as you do it before the deadline, halts the statute of limitations.

If you are the victim in a personal injury case, contact the attorneys at LaSalvia Law. We will fight to win you the compensation you deserve.