Personal Injury Statutes of Limitations

The statute of limitations set for personal injury claims depends on the type of personal injury claim and the state in which the claim is being filed.

2011-02-03

ORLANDO, FL, February 03, 2011 (Press-News.org) The statute of limitations set for personal injury claims depends on the type of personal injury claim and the state in which the claim is being filed. You will want to hire an experienced personal injury attorney to help you file your claim within the statute of limitations time frame so you do not lose out on any potential compensation.

What is a statute of limitations?
A statute of limitations is a law about time limits for filing claims. Every state establishes their specific set of time limits for when you must file your personal injury case. This law is in place to keep personal injury claims from being drawn out and to make sure victims are filing claims to get compensation for their injuries.

What is the statute of limitations for personal injury claims?
The statute of limitations for most personal injury claims is 2 years from the time of the accident that caused the injury unless the discovery rule applies to your claim. Wrongful death, medical malpractice, and other personal injury claims also fall under the 2 year limit. Product liability claims have a statute of limitations of 4 years. Your personal injury attorney will inform you of when your statute of limitations will expire and ensure your claim is filed well within the time limit.

What is the discovery rule?
The discovery rule does not automatically apply to every personal injury claim. The discovery rule starts the statute of limitations from the time the cause of the injury is discovered. This rule may apply to wrongful death cases and medical malpractice cases. Sometimes, it is unknown that someone is responsible for an injury or wrongful death at the time of the incident. Once it is discovered that someone caused an injury or death, the time limit for filing a claim begins. The discovery rule allows you to file claims once the cause is known or when it is decided that the cause should have been known.

Speak with your personal injury attorney about your claim even if you believe your statute of limitations has expired or is about to expire. Your attorney will tell you if you have more time to file your case, what your rights are and whether the discovery rule is applicable to your case giving your more time to seek compensation.

For additional valuable information about the statute of limitations on personal injury cases in Orlando, Florida, please visit The Law offices of Michael Barszcz, M.D., J.D. online at http://www.themdjd.com/.

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Personal Injury Statutes of Limitations

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