Time Limits in Personal Injury Cases

Lawsuits that arise from an accident or an injury are subject to a legal rule known as the statute of limitations. This rule dictates the time frame within which a legal claim must be filed. If an individual fails to file their claim in accordance with the specified statute of limitations, they lose their right to sue for the accident or injury in question. Unfortunately, statues of limitations are not uniform for all types of personal injuries, in all situations, and in all states.

The time period specified by a statute of limitations typically begins the moment when the plaintiff knew (or should reasonably have known) that they sustained harm, as well as the nature of the harm they suffered. This is known as the discovery of harm rule. The discovery of harm rule would apply primarily to personal injury claims pertaining to medical malpractice and other situations in which an injured individual may not become aware of their injuries for some time; rarely would the discovery of harm rule arise in car accident or slip-and-fall type claims, as injuries associated with those situations tend to be ‘discovered’ immediately, or relatively soon after the accident.

It is important to understand, however, that the delay in discovery that is covered by the discovery of harm rule must be reasonable under the circumstances. Consider the following example. A patient undergoes surgery and her surgeon accidentally leaves a metal pin in her leg, however the error is not discovered until three years later when the patient has an x-ray to help evaluate a knee injury. Under reasonable circumstances, the patient would have no reason to know that her surgeon left the pin in her leg; therefore, the statute of limitations would not start until the day on which the discovery was made by the patient (not three years earlier when the surgeon made the error). However, if the patient had experienced unusual symptoms in her leg following the initial surgery, but failed to seek treatment for several years, her lawsuit might not be permissible.

Also of importance is the fact that each state has established its own specific time limit for filing a personal injury claim. Depending on the state, these time limits can range from one to six years, and state laws governing personal injury time limits are frequently revised. Moreover, the time limits enforced by some states are also determined by the type of personal injury claim. Another factor that has the potential to dictate the statute of limitations is the age of the injured party, and this factor also depends on individual state laws as well as the type of injury that was sustained. If a minor is injured, time limits for filing charges in association with that injury often do not begin until the individual turns 18 years of age. One exception to this is medical malpractice cases, which may actually have a smaller window of opportunity for filing charges in the event that a minor is involved.

Additionally, individuals who file a personal injury claim against a local, state, or federal government entity – or a government employee – are required by law to notify the government that they plan to file a personal injury claim within as few as 60 days after their injury. This process is called filing a notice of claim. The purpose behind this is to notify the government that an individual has suffered an injury, as well as to give the government entity a chance to respond directly to the allegations prior to a lawsuit being filed against them. Under such circumstances, claims are either accepted or denied by the government, with the latter being the most common outcome. If a claim is denied, the injured party is then free to file a civil lawsuit against the government. In general, the process of filing a notice of claims (including the statute of limitations for doing so) varies with regard to the type of government entity involved, and also varies between states.

Navigating the time-sensitive waters of filing a personal injury claim can be a daunting task, but it does not have to be. It is important to promptly contact an experienced personal injury lawyer as soon after the injury has occurred – or has been discovered – as possible. They can help injured individuals avoid potential pitfalls in the process by explaining the statute of limitations as they apply to that individual’s particular injury and the state in which the lawsuit will be filed.