How long do I have to file a claim after being injured?
Those suffering from the consequences of an injury have many things to consider. From recovery or hospital expenses, filing insurance claims, adjusting work schedules, and trying to get through each day, the list is never ending. With so much occurring, filing a lawsuit against the individual who caused the accident may not be the first priority. Unfortunately, if too much time passes, the ability to file a lawsuit may be gone. Statutes of limitations are laws that dictate the deadline for filing a lawsuit.
Deadlines for personal injury and wrongful death
Personal injury and product liability claims require either an injured plaintiff or injured person’s surviving spouse or child to file a claim within one year of the incident that caused the injury. Other tort injuries have varying statutes of limitations. Medical malpractice actions may be filed within one year of the injury or within one year of when the injured person reasonably should have known about the injury.
Wrongful death statutes can be challenging to understand, but a supportive legal team can guide individuals through the process. Normally, a deceased person’s personal representative can file a claim if the death occurred less than a year after the accident that caused the death. However, if the one-year time limit has expired, a personal representative can still file a claim if appointed within a year after the decedent’s death.
Statutes of repose
Like statutes of limitations, statutes of repose enforce a time limit on filing claims. However, statutes of repose are more strictly enforced. For products liability cases, statutes of repose creation a presumption that a product was not defective if too much time has passed. Understanding time limits and exceptions can make or break whether a claim is filed at all.