There are a lot of important things that have to be considered when you're filing a personal injury lawsuit, but it's often the little things that count the most (like filing your claim on time). Learn how a $2 mistake can cost you $2.5 million - and what you should know about the statute of limitations and personal injury claims.
The Statute Of Limitations Controls How Long You Have To File - Absolutely.
Every state puts a limit on how long you have to file a personal injury lawsuit. This is called the statute of limitations. In a personal injury claim, the statute of limitations could be as little as a 1 year, depending on the state that you live in.
That's why it's so important that you talk to an attorney as soon as you realize that you may need to file a lawsuit. If you wait, your lawsuit will be dismissed, and there are almost no exceptions to that rule.
Recently, one unhappy litigant discovered that his personal injury lawsuit was dismissed because his attorney underpaid the filing fee for the lawsuit by $2. Because the attorney didn't get the $2 to the court until a few days after the statute of limitations, the court threw out the $2.5 million lawsuit!
The Exceptions To The Statute Of Limitations Are Very Few.
There are a few exceptions to the standard statute of limitations where personal injuries are concerned. The most commonly applied exception is called the "Discovery Rule." In general, the discovery rule starts the clock running on the statute of limitations when the injured person either:
- first learns of the injury, or
- first learns that the defendant's actions caused the injury.
The situation can actually be very common. For example, imagine that you take medication for a seizure disorder. At some point, you become diabetic, but there is no known link between your diabetes and the medication when you are first diagnosed. It isn't until several years later that you discover that the drug manufacturer knew that the medication could cause some people to become diabetic, but failed to disclose this information to doctors and patients.
In a situation like that, the Discovery Rule can be used to extend the statute of limitations, protecting your right to file a claim.
The problem with the Discovery Rule is that it's up to a judge when it can and cannot be used. Lawyers for defendants will fight hard in court to prevent the statute of limitations from being extended. Often, they will argue that the defendant should have pursued his or her rights to file sooner, for some reason.
For example, imagine that you developed constant pain after having surgery. You had no way of knowing that the surgeon left several sponges inside you, and didn't learn about it somehow until after the statute of limitations expired. However, unless you continually pursued a diagnosis for your pain, a judge may conclude that you had not shown enough "due diligence" in trying to discover the surgeon's negligence. Because of that, a judge could rule against extending the statute of limitations, and you'd lose your case.
A lot of people hesitate to contact a personal injury attorney immediately after an accident, unsure if they plan to file a claim. However, because the statute of limitations can be so restrictive, it's important to talk to an attorney early, in order to preserve your rights. Speak with a professional like Sharkey Gregory V Attorney for more information.
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