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Blogs from November, 2023

personal injury

Personal injury cases can be a lengthy process, and one key factor affecting your case's outcome is the time limit. Understanding the deadlines for filing a claim after an accident or injury is critical. These strict deadlines are known as the statute of limitations and vary from state to state. Understanding the importance of time limits can help you take the necessary steps to preserve your legal rights and seek the compensation you deserve.

What Is the Statute of Limitations?

The statute of limitations refers to the time limit for a person to file a lawsuit. Generally, this timeframe starts from the date of the injury or accident. The length of time for the statute of limitations can vary depending on the type of case and the state where it occurred. For example, in California, the statute of limitations is two years for personal injury cases, while in Kentucky, it is only one year.

Why Is the Statute of Limitations Important?

The statute of limitations is essential for several reasons:

  1. It helps to ensure that cases are resolved in a timely manner and prevents claims from being dragged out indefinitely.
  2. It provides defendants with some protection against stale or outdated claims.
  3. It allows plaintiffs to investigate and gather evidence while the information and memories are fresh.

What Are the Consequences of Failing to Meet the Statute of Limitations?

If you do not file your claim before the statute of limitations expires, your case will likely be dismissed. This means you will lose the opportunity to seek compensation for damages associated with your injury. Missing the deadline may also result in the loss of evidence and witnesses, making your case more difficult to prove. In certain circumstances, exceptions may be made to the statute of limitations, but these are rare.

What Should You Do If You Think Your Time Is Running Out?

Acting quickly is critical if you think your time is running out to file a claim. Contact a reputable personal injury attorney to discuss your case and determine if it is worth pursuing. An experienced attorney can help you understand the statute of limitations, investigate your case, and ensure all necessary documents are filed within the deadline. By taking action early, you can maximize your chances of obtaining a favorable outcome in your case.

Personal Injury Lawyers in San Jose

You can count on our team at Needham Kepner & Fish LLP to use all the resources and knowledge at our disposal to protect your rights. Call (408) 716-1668 today to arrange a free consultation!