What is a Statute of Limitations?
A statute of limitations (SOL) is a time limit that a plaintiff has to file a claim. Most statutes of limitation vary by state and some states also use the discovery rule. The discovery rule extends the time limit if the injury is not immediately discovered. An example of this may be an injury from exposure to a toxic substance, such as asbestos, where the injuries from the exposure would not develop until years later.
How does a statute of limitations affect my claim?
If the statute of limitations for your claim has passed, you will be unable to file the lawsuit to seek compensation for your injuries. This is why it is important to speak with a lawyer as soon as you are aware that you have been injured. Calculating the time frame for your claim can be a very complex legal issue because statutes of limitations vary based on the type of claim and whether or not the discovery rule applies.
How long is a statute of limitations?
Statutes of limitation vary by state. Some states have statutes of limitation that are as short as one year. Some states do not use the discovery rule. Other states are more lenient and have longer time periods. In some states, statutes of limitation vary for minors and in cases where death has occurred. Again, this is why it is very important to contact an attorney as soon as you are aware of your injuries.
What Legal Steps Should I Take?
If you or a loved one has been injured by another person’s negligence, you should contact an attorney immediately. Determining what your time limit is to file a claim is complicated and you will need to discuss this with an experienced personal injury attorney. A personal injury lawyer familiar with statutes of limitation may be able to help you make important personal and legal decisions.
Please contact the law offices of d’Oliveira & Associates, P.C. at 1-800-992-6878 or fill out a contact form for a free legal consultation.