Many accident cases can lead to a personal injury lawsuit. Car accidents are among them, as well as accidents like dog bites or if something was to randomly fall off of your house and hit a neighbor. Personally injury lawsuits have their definition in their name. They are lawsuits that take place due to personal injury. In many instances, these cases don’t make it to court but are instead settled personally between the parties in dispute. This way is cheaper and saves a lot of time.
Statute of Limitations
There is something called the statute of limitations that basically works as the legal timeline in government. The statute states how long legal action is eligible to stand in court. Following the statute of limitations will tell you how long you have until the case no longer stands in court. If the timeline is not met within the given amount of time, it will not hold up in court. If you have recently moved from one state to another, make sure that you take the time to revisit the statute according to your particular state as it varies.
Here is a look at some of the cases falling under the statute of limitations:
- Injury to person: one year
- Libel/Slander: one year, six months
- Injury to personal property: three years
- Collection of rent: six years
In states like Colorado and North Carolina, the given time is three years for personal injury cases, so, again, it just varies depending on state laws.
As seen above, the time to file a personal injury case in court can be as little as one year, but that doesn’t mean that it is the best idea to take a whole year to put your case through court. Because of your injuries, it is best to seek professional help and get diagnosed and fixed up as soon as possible. The faster these problems are taken care of, the quicker you can start working on your personal injury case.
For your case to hold up in court within the year, a substantial amount of proof is necessary. That is why it is recommended that your case be made as soon as possible. It’s not that this proof will no longer be valid, but proof can disappear, be tampered with or just change through time.
Workers Comp Injury Cases
Personal injuries falling under workers’ comp are not the same as personal injury cases in the light listed above. Workers’ compensation insurance is required by the government to all companies that have 3 or more employees. Now, please note that this insurance is not subject to the insurance that you were given/awarded due to your employ with your company. It is not the same thing and it is not necessary to have one without the other. Workers’ comp is available to employees of a company that undergo injury while being on the clock at their place of employ. Medical attention for workers’ comp is immediately necessary, and the claim should be filed within thirty days of your injury. If something prevents this from taking place, there is still a chance for your case, as you have two years following your injury for your claim to be made.
Seek Legal Counsel for Your Personal Injury Lawsuit
Misunderstanding the potential complication that is the statute of limitations is not unheard of and is pretty common when undergoing personal injury cases. Partnering with a professional personal injury attorney is a way to ensure your case is handled smoothly and in a timely manner. Contact McMahan Law Firm for all of your questions and a free case review.