If you’re dealing with a personal injury incident, you’ll want to move ahead with a lawsuit as soon as possible because there is a time limit called the statute of limitations. If you do not file your lawsuit within that allotted amount of time, you may forfeit your right to the lawsuit.
What Is the Statute of Limitations?
The statute of limitations is the time limit in which you have to file a lawsuit. It begins on the date of injury, though there are some exceptions you should familiarize yourself with. Every state has a different statute set forth that pertains to personal injury. In one state, you might have two years to file your lawsuit, when in a neighboring state, you might have four years. It’s important you speak with your lawyer to understand what your state requirements are. This will ensure you have a fair chance at a settlement.
What Are the Exceptions to the Statute?
The statute of limitations only generally starts on the day of injury, as there are some exceptions that could extend this date. For example, if the plaintiff doesn’t discover he or she is injured for a few months after a particular incident, the statute of limitations would begin on the day of discovery. This would have to be reasonable in the judge’s eyes, so proper proof would be essential to your case.
Another example that would extend the statute of limitations from the day of the injury would be if the injured person were in a coma. He or she couldn’t competently understand there’s an injury until he or she woke up and was given the information. Even then, it could take a few days or so for the information to sink in. The doctor may have to determine when the injured individual is competent, and that is when the statute might begin.
Should You Hire a Lawyer?
When it comes to personal injury, you typically can’t lose. Personal injury cases are often based on contingency fee agreements, so the lawyer doesn’t get paid until you receive a settlement. This means you won’t be out any money upfront, and not at all if you don’t win the case.
Contact a Professional Today
Whether you’re still on the fence about suing or just want some guidance on how long you have before making a move, a lawyer could be your best source of information. To learn more about the statute of limitations regarding personal injury, contact a lawyer like a Milwaukee personal injury lawyer, today.
Thank you to the experts at Hickey & Turim SC for their insight into personal injury lawsuits and time limits.