Legal Guide

Home > Legal Guide

Accident Lawyers and Statutes of Limitations

There is a reason why time limits for personal injury claims exist, these “statutes of limitations”, the detailed legal definition of which can be found here are there for several reasons. In simple terms, this refers to the time-limit placed on making a claim towards different offenses such as serious crimes, vehicle collisions, theft, employment lawsuits, and many more. Every country has its own deadlines.

In the event you get injured at work or have a motor vehicle accident, it is in most cases advisable to seek legal help. This is commonly done by a lawyer who has the expertise to work on cases involving certain types of injuries mainly to the individual, and they are the accident lawyer or personal injury lawyers.

Sometimes many people are not aware of the fact that their injury of damage can warrant pay-out in compensation, either from their insurance or from the other parties involved in the collision. However, many law firms list out the services they can offer, so finding one that suits your case should not be a hassle.

The Statute of Limitations

This is the “perceptive period”, known in the law society, as a law that entails setting a limited period, such as a maximum time where legal action can be taken, after a certain event. In other words, if a claim is not made within that time frame, one may not be able to make one at all. This is why this is a very important concept to take heed of.

In criminal cases when this period passes that particular one no longer has jurisdiction or the official power to handle the case and make any decisions regarding it. So, in terms of personal injury time frames, in some states, the type of injury will determine the time frame. For instance, if it an offense case towards a minor who is younger than 18 years of age, the time frame may be longer, however, if it is related to a medical lawsuit for malpractice, for example, this will be a shorter timeframe.

For particular cases such as a car accident, it is not the best thing to learn that you have a time limit to file a complaint or claim with the legal authorities, however, it is there and you have to deal with is as soon as possible or risk losing any compensation. The best thing to do is to check, via the local authorities, what the time frame is in your state.

In Florida, for instance, different ones are depending on the scenario if it is to do with fraud, the limit is 4 years, if it involves claims made regarding wages and overtime for employees it is 2 years, construction situations have a 4-year mark, and for car accidents for vehicles such as trucks, cars, and motorcycles is also 4 years after the collision has occurred. California is 2 years, Kentucky is 1 year and you can find out more about all the other individual ones here:   http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

The Importance of Meeting Deadlines

One of the most important things is to make sure one meets these deadlines otherwise they risk losing any compensation possible through their legal advisor. The courtrooms of Florida are one of the most disciplined ones in the USA and they take this concept seriously. If the specific period passes they will refuse to proceed with any existing claim or start a new one for that matter. A lot of things can get lost with this, including the compensation, such as lost wages, pain, and suffering, other foreseeable damages, costs of fixing the vehicle, to name a few.

Florida has longer limitation deadlines in comparison to other states, especially with personal injury. The date of commencement starts at the discovery of injuries or the date the claim has been made. There are some exceptions to the rule, which we will mention below.

Exceptions To The Rule

Again, depending on the state there may be some exceptions to this rule created by the statute, however, the universal ones include things such as all of the below:

If the defendant has left the state and is not available to file the claim against him or her, and the court understands this scenario and provide leniency towards the claimant. There usually give some additional time for the claimant to return to the city.

If the defendant is jailed or in prison, you can claim against their estate, or wait until they leave the prison.

If the defendant is a minor, or legally cannot stand trial, the statute or contract is held up until the minor reaches 18 years of age.

Other reasons include if the person is completing their civil duty, such as in the army or military. The state will wait until they are no longer in that scenario and they have returned to their premises.

Both parties usually will agree on a “Tolling Agreement”, which is a form of asserting a person’s rights. In the case where the court cannot proceed with the collection of any evidence and relevant information towards the case, it will then be paused, suspended, or delayed until a further time.

Many times when the case takes longer than the time assigned to it, the courts have the authority to extend it to make sure the case has been properly resolved, and hiring an experienced car accident lawyer in Port Orange will get you that extension, as opposed to trying to handle it yourself. Things such as bankruptcy, being underaged, insanity, natural disasters, or special conditions that exist, will all play a part in this extension of the time limit. These are the details that not everyone will know about and some may think they cannot make a claim; however, it is just a matter of delaying it to a more suitable time, which your legal advisor will help you through it.

Sometimes the best thing anyone can do is to hire an expert in the field of personal injuries to help you and your family out. The expenses one can face after a car accident not just to the car but to themselves can be exorbitant and any legal help towards being able to pay those bills is always recommended.  

 
comments powered by Disqus