Statutes of Limitations and Your Personal Injury Case

 

Most people are familiar with the term “statute of limitations,” but until they are faced with a legal issue that is time sensitive, they likely give these statutes little consideration. Personal injury lawsuits are one of the most important areas in which the statutes come into play. To begin with, a person injured is focused on recovery and healing, so it might take some time to begin thinking about legal action. It can also be difficult to know exactly what long-term physical consequence will occur as a consequence of certain injuries, so by the time the effects are known the statute of limitations has passed.

If you have been injured through no fault of your own, what do you need to know about the length of time you have to take action?

Personal Injury Law

Personal injury law is designed to protect the injured victim through the inaction, negligence, or reckless behavior of another person. It covers a wide variety of areas, including dog bites, medical malpractice, defective products, construction accidents, vehicular accidents, wrongful death, abuse that occurs during a nursing home stay, and slip and fall injuries.

If you have been injured as the result of an occurrence involving any of the above situations, it is important to take action as soon as possible. The statute of limitations limits the timeframe in which a plaintiff has a right to file a lawsuit for damages, so if the applicable limitation period expires before taking action, an injured person may lose any legal benefits that were once available.

Your Personal Injury Lawsuit

To receive a settlement in a personal injury lawsuit, you must prove the defendant is legally responsible for your injury or illness. If you are able to show the court that you were injured or made ill due to someone else’s negligence, intentional wrong-doing, or through strict liability, you might be entitled to compensation. Basically, an injury or illness must be no fault of your own and caused by a specific product or person.

If the court finds in favor of your personal injury lawsuit, you might be granted compensatory damages that are actual or estimated reimbursement for your medical bills, lost wages, repair costs, and pain and suffering. There might also be punitive damages levied on the defendant, but you will not receive any additional compensation as a result.

If you would like to learn more about the time you have to take action if you are injured or you are ready to speak with someone about pursuing a personal injury claim, contact Miller and Steiert, P.C. to schedule a consultation.