Time is of the Essence: Time Limits and Personal Injury Claims

hour glassAfter being involved in an accident that was caused by another person’s negligent actions, it can be difficult to concentrate on legal issues when you are trying to recover and get your life back on track.

However, forgetting about the legal ramifications of car accidents, medical malpractice cases or other personal injury cases can affect your legal rights.

Statute of Limitations

When a statute of limitations applies to a case, an injury victim has a certain period of time after an accident occurs in which he or she can file a claim. In many cases, the clock starts running for the statute of limitations to run immediately after the accident, such as the day after a car accident.

When victims fail to file the lawsuit in this period of time, they may be unable to seek compensation for their the injuries.

Discovery of Harm

There are times when the statute of limitations is delayed. For example, if a person is not aware of the harm, the amount of time they have to file a claim may not become once the person becomes aware of their injuries.

For example, if the person is injured by medical malpractice and the patient is unaware of it until months or years later due to unexpected complications, the statute of limitations may not start running until the patient is made aware of the doctor’s possible mistake.

Another example is when a pharmaceutical manufacturer may be held liable for injuries that are sustained due to the product because it make take years for a patient to identify the connection between the product and the injury.


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