Victims of accidents or crimes may think that there’s plenty of time to pursue a case. That would depend on the state in which they live, due to the limited time that the law allows to file a case. This term is called the statute of limitations.
The statute of limitations also depends on the severity of the case. However, it does not apply to severe crimes such as crimes against humanity, war crimes, violent crimes, among others. The statutes were put in place to ensure that a fair trial ensues and pursues the evidence before it is destroyed. Let’s take Florida for example. The statute of limitations in that state for a personal injury accident is usually 4 years.
How The Statute Of Limitations Works.
To file a personal injury lawsuit, do so from one to six years after the incident. The Shiner Law Group and similar firms understand the client’s immediate need to seek compensation caused by neglect at the workplace. If you are pursuing a negligence case, it’s important to understand that once the statute passes in your state, the case will not be allowed to push through anymore. For example, if you tripped over debris at the workplace due to the employer’s refusal to call cleaning services, the statute started from the moment you suffered the injury.
Statute Of Limitations Exceptions.
In rare cases, the statute of limitations can be granted extension on the filing of the case if:
- The injured person is a minor
- The person became mentally incapacitated as the result of the injury
- If the person who caused the injury went out of state after the event of the injury
Under the Florida Statute of Limitations, the Discovery Law also grounds for an extension if the client is a child and if the doctor hid the malpractice. There are cases wherein clients are injured due to medical malpractice, and sometimes the clients only find out the cause-and-effect years later. If you or your child are eligible for an extension, it’s best to talk it over with a legal professional.
Where And When The Statutes Of Limitations Apply.
So when does the workplace get sued for personal injury? A business open to the public has the responsibility to keep customers safe. The proprietors are also liable for injury to their staff. The business can be held liable if customers were injured, and the staff knew but did nothing to compensate for it.
Other than personal injury, the statutes of limitations also apply to other civil cases in Florida:
- 2 years – Libel or slander; professional malpractice
- 4 years – Injury to person or personal property; fraud; trespassing; oral contracts
- 5 years – Contracts (written); foreign judgments
- 20 years – domestic judgments
Here is the statute of limitations by state:
- 1 year – Kentucky; Louisiana; Tennessee
- 2 years – Alabama; Alaska; Arizona; California; Colorado (3 years for car accidents); Connecticut; Delaware; Georgia; Hawaii; Idaho; Illinois; Indiana; Iowa; Kansas; Minnesota; Nevada; New Jersey; Ohio, Oklahoma; Oregon; Texas; Virginia; West Virginia;
- 3 years – Arkansas; District of Colombia; Maryland; Massachusetts; Michigan; Mississippi; Montana; New Hampshire; New Mexico; New York; North Carolina; Rhode Island; South Carolina; South Dakota; Vermont; Washington; Wisconsin
- 4 years – Florida; Nebraska, Utah; Wyoming
- 5 years – Missouri
- 6 years – Maine; North Dakota;
The Best Course Of Action.
If you sustained injuries and the time limit has not run out, depending on the state you live in, you may need the help of a trusted lawyer. A lawyer will be able to give you the best advice on how to proceed with the case. You can make things easier for yourself if you tell the truth; the lawyer’s is to protect you, no matter what you’ve done or has been done to you. Make sure to call the nearest lawyer to help you with any potential case you may have.
In Conclusion.
The statute of limitations gives victims enough time to pursue their case and gain compensation. Any injury that results in expensive medical bills, whether with temporary or a lifetime of damage, must not go unheard. This is the right given to victims, as some may lose the capacity to work for a few weeks, months, or years. It also works for the side of the defendant, who may be wrongfully accused. Call your nearest lawyer if you’re struggling with a tough legal case and you need some help.
