Dealing with the legal system can often feel daunting, mainly concerning personal injury lawsuits. One essential aspect to consider is the statute of limitations, which refers to the time frame in which you can file a lawsuit. A lawyer who can understand the statute of limitations can protect your rights and ensure a fair chance at seeking justice for your injuries.
In a nutshell, the statute of limitations sets a deadline by which you must file a lawsuit. This deadline varies depending on the type of personal injury claim and the jurisdiction in which the incident occurred. You may lose your right to pursue legal action if you fail to file your lawsuit within the specified time frame.
Once you have suffered an injury in an accident, a clock begins to tick, dictating how much time you have to sue the responsible party in court. Even though you are likely dealing with physical injuries, you still must balance your medical treatment and the need to begin the legal process.
Dealing with your injuries is not an excuse if you miss the deadline for filing a lawsuit, and you may lose out on the right to seek compensation.
Hiring a personal injury attorney to represent you is the best way to learn about the rules that affect your case, such as the statute of limitations.
Legal counsel can handle all the legal details, allowing you to focus on your health condition and the medical treatment you need to recover fully. You will not have to worry about gathering evidence or dealing with the insurance company, as your personal injury lawyer can perform all these tasks.
Now is the time to contact a personal injury lawyer in Glendive, MT to schedule a free initial consultation to discuss your case. The more time passes, the harder it is for a personal injury attorney to get you a favorable outcome.
Personal injury attorneys work on a contingency fee basis, meaning they only get paid if they win your case. This fee is typically a percentage of the compensation you receive. Thus, it costs you nothing out of pocket to hire the legal help you need.
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The statute of limitations exists for policy reasons, where the law attempts to balance multiple interests simultaneously.
Just like you have rights as a plaintiff, the potential defendants also have rights even if they injured you due to negligence. For example, the law imposes the burden of proof in your case on you, meaning that the legal system presumes the defendant is not at fault for the accident unless you can come forward with evidence that shows they were to blame.
The law protects defendants by imposing a statute of limitations on your right to file a lawsuit against the defendant. You often see advertisements from personal injury attorneys telling you that you must file a lawsuit quickly to avoid missing the statute of limitations.
Although there is a time limit on your right to sue, you cannot rush the actual lawsuit until it is ready. If you file a lawsuit before you have ample facts to support your case, you may even find that the judge dismisses your lawsuit.
The statute of limitations keeps responsible parties from having to defend a lawsuit that someone files many years after the fact.
In most cases, the party may realize that you are planning to file a lawsuit against them, knowing that you may try to hold them accountable for what happened. However, they only have access to evidence for a limited period, and it is possible that they can no longer track down their witnesses if too much time passes.
The defendant may have their employees testify in their defense, but they may lose contact with workers if they face a lawsuit many years after leaving the company.
It gives you an unfair advantage if you still have all your evidence years later, but the defendant does not have theirs. The statute of limitations gives the defendant time to prepare and gain access to evidence they can use to defend themselves against a trial.
Personal injury lawsuits fall under a combination of common law and the statutes on the books in each state, and a statutory framework governs how people file lawsuits.
One prominent rule is the statute of limitations. This law places an expiration date on your legal right to seek compensation for your accident injuries, and each state has a general statute of limitations that applies broadly to personal injury actions.
For example, a state may limit your period to file a lawsuit in a personal injury case to two years. You may have extended time in some types of personal injury cases, such as medical malpractice actions.
A statute of limitations applies if you file a personal injury action in federal court, too.
The statute of limitations begins to run on the date when you suffered an injury or should have known that you sustained damages. In most cases, it is the date of your accident. However, sometimes, you may not have known that you suffered an injury at the exact time of your accident.
For example, you may suffer whiplash in a rear-end car accident, but the symptoms of your injury are not apparent right after the accident. It can take weeks to feel the actual effects of your health condition; the same goes for those who have suffered an injury from medical malpractice. You may not know for months that the doctor’s carelessness caused you harm.
Here, the statute of limitations will begin to run when you discover your injuries and realize they were due to someone else’s actions.
Even when a discovery rule is in place, a statute of limitations often goes along with a statute of repose. In other words, the law may say that you have two years from discovering your injury to file a lawsuit, but you have no more than a set number of years after an occurrence, even if you did not find the injury until years later.
For example, if you learn that you suffered an injury by a defective product five years after you purchased or used it, the statute of repose may prevent your lawsuit.
The statute of limitations means that you no longer have the right to sue after it passes and do not have any legal right to compensation. It is as if you never had the legal right to sue in the first place because it has gone away entirely.
The statute of limitations is a very unforgiving deadline. In this context, late is late, whether a day or a month.
The second you miss the deadline, your right to a day in court disappears. Your case will not proceed to a trial, and you cannot reach the discovery phase of your lawsuit. The defendant will likely plead the statute of limitations as an affirmative defense, or they will file a motion to dismiss your case entirely.
If the judge finds that you have missed the statute of limitations, you do not have a legal right to a hearing on the merits, as the court has dismissed your case.
The only way to bring your case back to life is to persuade an appeals court that the trial court judge was wrong in dismissing your case. Then, your lawsuit will go back to the trial court, and you will continue with the legal process.
Very few exceptions apply to the statute of limitations, and even the existing ones have strict guidelines. You must show why exceptions apply if you have filed your lawsuit after the deadline. You may face long odds to show the court that there was a valid reason why you could not file in advance of the deadline.
You never want to have to argue that an exception applies because judges do not often grant them.
Even though you must comply with the statute of limitations, a personal injury lawyer will not file a lawsuit in your case as soon as you hire them.
They must take several steps before you reach a position to open the court case, including:
Even if you have several years to file a lawsuit, it does not mean you should take all that time to begin the legal process by hiring a personal injury attorney.
A lawyer cannot build a compelling case if you bring them into the picture well after your injury. The evidence you need to win your case may have vanished, and they may not work as well if they need to race to beat a strict deadline.
Sometimes, a personal injury attorney may wait until the day before the statute of limitations expires to file a lawsuit, but that only happens when they have already worked to build your case and tried to negotiate a settlement with the insurance company.
The best thing for you to do is to hire a personal injury attorney immediately and let them handle all the details of your case. This step can only strengthen your legal position.
To avoid missing the statute of limitations, contact an experienced personal injury lawyer as soon as possible after your injury. Then, you will not have to worry about monitoring the time clock.
Your personal injury attorney will track the deadline, and they will ensure that you do not miss it. They understand all of the legal issues in your case and will give you their best advice about when you should file the lawsuit.
A skilled attorney is well-versed in the applicable statute of limitations laws and understands the legal process. They can help you determine the relevant deadline for your case and guide you through each step of the lawsuit filing process.
From gathering evidence and preparing the necessary documents to negotiating with insurance companies or opposing parties, they will deal with the legal system on your behalf.
Moreover, an attorney can assess the strength of your case and advise you on the best course of action. They have the knowledge and experience to develop a strategic approach to your situation. Working with an attorney can maximize your chances of a successful outcome.
The statute of limitations is critical to consider when pursuing a legal claim. An attorney can provide invaluable assistance, ensuring you do not miss the filing deadline while protecting your rights. With their guidance, you can handle the legal process and focus on resolving your case favorably.
Do not hesitate to seek professional legal advice to ensure you have the best possible chance for success.
At Colton Holm Law Firm, we look forward to learning how we can help you resolve your legal concern.Call us today: (406) 259-9986