If you were recently injured due to someone else’s actions and now are considering filing a personal injury claim, you probably have a lot of questions. You may have heard the term ‘statute of limitations’ but were unaware of what it refers to. You might have some idea about the statute of limitations but not fully understand how it works. Regardless, our Newark personal injury lawyers have explained a general overview of how the statute of limitations works for personal injury cases.
The Statute of Limitations
The statute of limitations is essentially the time limit you have to file a claim or lawsuit. There is a statute of limitations for every kind of case, including personal injury cases. The statute of limitations typically starts counting down at the time the injury took place. If you try to file a claim after the statute of limitations has expired, it will likely be thrown out. Some circumstances do apply, and these can be explained to you by a Newark personal injury lawyer.
So, now the question is, how long is the statute of limitations? It varies depending on the case you are filing and what state it is being filed in. For your situation, the type of case will likely be a personal injury claim, which means your state is the only factor determining the length of your statute of limitations. Most of the time, personal injury cases have a statute of limitations of either two or three years. These are the only states with a different statute of limitations:
- Florida
- Kentucky
- Louisiana
- Maine
- Missouri
- Nebraska
- North Dakota
- Tennessee
- Utah
- Wyoming
If you live in one of these 10 states, your statute of limitations is one, four, five, or six years. It is a good idea to file your case sooner rather than later, as this will increase your chances of winning your case. Additionally, it takes time to file a claim, so you should not leave it to the last minute. A Newark personal injury lawyer can help you understand the time limits you have to file a New Jersey claim.
The Discovery Rule
There is only one major exception to the statute of limitations, which is called the discovery rule. There is ordinarily no hope of successfully filing a claim after the statute of limitations has expired. However, the discovery rule shifts the duration slightly. It states that the statute of limitations does not start counting down until both the injury and the responsible party’s identity are discovered. This only applies in a small number of cases, but it may give you the extra time you need to file your lawsuit. If you have any other questions about the statute of limitations or are ready to file your claim, speak with Rispoli & Borneo, P.C.