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Personal Injury and Its Statue of Limitation

Injured hand writing injury claim procedure on screen

If you are thinking of filing a personal injury case or just searching for an article to read, you might want to read through this to have sufficient information on what you should do in case you get into this situation.

Personal injury cases arise when a claimant files against an individual that caused him or her injuries, pain, or sufferings. Injured without a helmet during a motorbike accident, suffered in a car crash or truck collisions, got disabled because of medical malpractice, and sustaining emotional trauma because of abuse are some of the cases that can qualify you of filing a personal injury claim. Winning your claim can qualify you for financial compensation that you can use for medical treatments.

Statute of Limitation for Personal Injury Cases

Statute of limitation is the period wherein the claimant can file a case against another party. Having this limitation allows people involved to put forward evidence that is relevant to date. Take note that statute of limitations differ depending on the state or country you’re in, age of the claimant, and the severity of the claim. 

Personal injury cases in the United States have a 1 – 6 years statute of limitation, depending on your state. Tennessee, Kentucky, and Louisiana have the shortest statute of limitation with just one year while Maine, Minnesota and North Dakota have the longest with six years, out of all the 50 states. It is always best to consult an expert lawyer regarding this because these data often vary depending on your situation or the injury that occurred. For example, if you have been into a motorcycle accident, you should look at the statute of limitations for motorcycle traffic collisions.

Most statutes of limitations start right on the day that you sustained the injury. However, some exceptions may affect the start or duration of the period. If in a case where an individual didn’t know that he or she has obtained an injury not until he or she experienced some complications, the “discovery rule” takes into effect. This will allow an extension in filing the claim. There are also exceptions when the claimant is a minor or has a disability.  

What you can do

Money, time, and your well-being are at stake here, so always opt for the next right thing. In this case, the first important step that you should consider is hiring a lawyer that specializes in Tort or personal injury claims. Your lawyer can help you in settling the documents and everything that you need in filing your case. It is crucial to hire one that has vast knowledge and experience in personal injury cases. These lawyers aim to negotiate for you the appropriate amount of compensation that you need. A good personal injury lawyer will even investigate and collect evidence for you. He or she should also know experts like medical practitioners that can support your case thus solidifying it. 

Do not hesitate to ask people you know that have experiences with personal injury lawyers. You can also research online for the best ones in your town. You can ask them for a consultation – interview them, ask them questions. Remember to go for the personal injury lawyer that works best for you and will ease you in the process.

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Personal Injury and Its Statue of Limitation