A number of factors affect the outcome of a personal injury case. One of the key initial factors that you must consider is whether you have time to take legal action to seek compensation for your injuries. Many times, victims reach out to attorneys or law firms after it’s too late for them to file a claim or lawsuit, and once the statute of limitations or deadline passes, there is nothing you can do. That’s why it is important to learn about and understand the statute of limitations related to personal injury claims.
What is a Statute of Limitations?
In simple terms, the statute of limitations is the law that dictates how long you have to either settle a claim or file a lawsuit against the person responsible you seek the compensation from. Personal injury statute of limitations varies from one state to another. In Virginia, for instance, the statute of limitations is 2 years, meaning that the claimant has 2 years from the date of the accident within which he/she settles the claim or files a lawsuit. Once that period has tolled, the claim will be legally barred. In Maryland and in the District of Columbia, it is 3 years. The statute of limitations can sometimes also vary based on circumstances such as in medical malpractice matters.
Understanding Personal Injury Statute of Limitations
Most jurisdictions employ statute of limitations. It is created to promote fairness and efficiency. Personal injury statute of limitations is designed to:
- Facilitate the legal system’s efficient claim processing.
- Encourage a plaintiff to be diligent and proactive in timely filing the claim.
- Protect defendants who might ultimately lose evidence that could help them in disproving a claim, and
- Avoid surprising defendants with claims that could surface years after the incident.
Unfortunately, statute of limitations can also have unintended and unexpected consequences for plaintiffs. For example, people who have suffered a serious injury might miss out on justice that they actually deserve simply because they failed to understand the statute of limitations.
Exceptions to Statute of Limitations
There could be a number of exceptions to statute of limitations. These typically include the following:
The Discovery Rule
Virginia for example primarily uses the “occurrence rule” which, as mentioned above, means that the statute of limitations begins to run when an injury first occurs. However, there are instances where exceptions apply such as when the injured party was under legal age when the injury occurred. There are also circumstances where some form of discovery statute has been accepted. For example, in medical malpractice cases, injuries don’t always become immediately apparent or discovered. In certain cases, they are discovered after quite a time has passed. In such cases, the statute of limitations may not begin to run until the patient discovered the injury or in a case where the patient was under a legal disability or incapacitated at the time the underlying malpractice occurred.
Tolling
In some cases, you may be allowed to pause or toll the deadline or statute of limitations. Tolling can occur for various reasons. These typically include, but are not limited to the following:
- The plaintiff is declared mentally incapacitated.
- The plaintiff is minor or less than 18 years old.
- Death of one of the parties.
What Happens if I Miss the Deadline?
Generally, if you fail to file a lawsuit or settle your claim within the statute of limitations deadline, you basically lose the case. While you may still file a claim, it will be of no use. This is because upon discovering that the statute of limitations has run, the attorney for the defendant can take the matter up with the court and your case will be thrown out.
Hilton & Somer, LLC: Personal Injury Attorneys located in Fairfax and licensed to practice in Virginia, Maryland and in the District of Columbia
If you are injured, you should discuss your personal injury case with a qualified lawyer in a timely manner. If you fail to take legal action in time, you risk being prohibited to ever receive compensation for your damages/injuries. At Hilton & Somer, LLC, we know what is at stake. We will use our years of experience in personal injury cases to help you achieve case success. To schedule a free consultation, call at (703) 947-0619 or reach us through our online contact form today.
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