When can I sue?

If you were injured in an accident that was caused by the carelessness and negligence of somebody else, you and your attorney might be able to resolve the issue of obtaining compensation for your damages without the necessity of a lawsuit. It happens every day. In fact, most personal injury cases are settled without the necessity of litigation. 

You must always pay attention to the personal injury statute of limitations in the state that you were injured in, though. It might be different than the state that you're from. For example, you might have lived in Chicago for your entire life, but a motor vehicle collision in Nashville caused you to suffer a fractured ankle that required surgery. Illinois has a two-year statute of limitations from the date of the injury, but in Tennessee, it's only one year. As your accident occurred in Tennessee, it's Tennessee law that applies.

What is a Personal Injury Statute of Limitations?

Every state has its own statute of limitations for personal injury cases. These are laws that set strict deadlines for the time to file a personal injury lawsuit after an accident. There are very few exceptions to these limitation periods.  If the statute of limitations has passed, and you file your personal injury lawsuit, that fact is sure to be raised by the defense in a motion to dismiss your late filing. It's highly likely that the presiding judge will grant that motion, too. On that basis, you'll be forever barred from seeking compensation for your injuries.

Exceptions to the Statute of Limitation

Two general exceptions to the statute of limitations in personal injury cases are when an individual is injured while a minor, and what's known as the discovery rule. The general rule a for a minor who is injured in an accident is that he or she has up to the time period of the applicable statute of limitations after their 18th birthday to file their lawsuit. For example, a 15-year-old teen who was injured in Chicago would have until their 20th birthday to file a personal injury lawsuit in connections with the accident that he or she was injured in. The discovery rule might be more difficult for an injury victim to use. It's often seen in medical malpractice and mesothelioma cases. Under the discovery rule, the statute of limitations doesn't begin to run until such time as the person who brought the lawsuit either realized that they were injured or acquired knowledge of the cause of the injury.

Time Passes Quickly

Compliance with the applicable personal injury statute of limitations in your state is a major reason why you should arrange for a consultation with a qualified personal injury attorney as soon as you are able to do so. In some cases, statutory notice of claim provisions exist before a lawsuit can even be filed. Those notice periods are considerably shorter than any statute of limitations.

You shouldn't be required to pay for the damages that you suffered as a result of the carelessness and negligence of somebody else. Don't delay. Witnesses can disappear, or their memories of events can get murky. Important evidence can disappear too.  Preserve and protect your right to compensation for your injuries by consulting with SettleForFree today.