What Is The Statute Of Limitations For Personal Injury Claims?
When a person has sustained a personal injury then he or she was physically and/or
mentally injured due to either a harmful act or someone else's negligence. Although there are potentially limitless causes for personal injuries, the most common types are the result of car accidents, aviation disasters, dog bites, toxic exposure, and wrongful death.
Personal injuries can often cause the victim to experience a substantial amount of pain and suffering. Consequently, the injured person may have accrued very expensive medical bills. And they may even need to take time off from their job.
If you are the victim of such an injury then you may want to file a personal injury claim. This claim may entitle you to a number of legal benefits which could include compensation or damages.
If you've been injured and intend to file a claim then you should be aware that there is a time limit within which it must be filed. This time limit is called a "statute of limitations" and it will vary from one state to another.
The statute of limitations will put a maximum amount of time within which you can initiate the legal process after the injury or event has occurred. However, there are three kinds of situations in which the statute of limitations doesn't apply.
The three types of exceptions that are excluded are when fraud is committed upon the court, when the injury was the result of heinous crimes, and when the injury was an international crime.
There are also different time frames that are associated with the type of claim that you may file. For example, the time frame may be different in your state for product liability actions, medical malpractice, and/or personal injury.
For example, in Illinois, if you want to file for a personal injury claim you will have 2 years from when you were injured to file. Wrongful death claims must also be filed within 2 years.
As far as malpractice is concerned, if you are an adult you will have 2 years from when you discovered the injury or 2 years from when the injury happened.
Minors who were the victims of medical malpractice may file within 8 years. But they can't file after they're 22 years old.
If you suffered an injury that was caused by a faulty product, you have 2 years to file a product liability action. But, if you've discovered the injury after that timeframe, you will still have an additional 2 years to file from the time you discovered your injury. You will also have an 8 year period from the time you were injured within which you will be allowed to file your claim.
by: Wendy Moyer
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