What Is The Statute of Limitations And Is There A Right Time To File A Lawsuit?

Well, the answer to both questions is that “It depends.”

Yes, time limits exist for the duration that it is valid to file a lawsuit after your accident. It depends on many factors, including the type of the case and the laws where your case is heard. It also depends if your case pertains to federal law and will be heard in a federal court.

Then there is the statute of limitations, which differs for different cases. It can be as little as a year for some cases and as long as several decades (though that’s rare!) You’re best off asking your lawyer what the statute of limitations for your case and state are.

Is It Possible to File a Case 10 Years After the Accident?

While there are many ways that a statute of limitations can begin, three of the most common ways are:

• The ‘date of injury and damage’ That’s the day when your personal injury accident occurred. The clock on the statute of limitations begins then.
• The ‘date you first found out about the harm.’ It can take a while for you to discover the harm. A good example is nerve damage that results from a whiplash injury.
• The date you should have discovered the injury. It’s not used very often, but the clock can begin on the date when you should have discovered the harm.

The statute of limitations can also differ by case. For example, while waiting ten years to sue is too long for some personal injury accidents, it can be appropriate if you suffered from a medical condition because of your accident. Most statutes of limitations range from one to two years long.

Can I Sue After the Statute of Limitations is over?

Generally speaking, no, but there are a few exceptions. For example, the statute of limitations begins when harm is detected in a medical malpractice case. The statute of limitations begins when the person turns 18 when a minor is involved. The statute of limitations can also be paused in some instances. A good example is if the individual suing becomes mentally handicapped or the defendant leaves the state.

Is there a Statute of Limitations for a Government Agency?

No, but it’s still not easy to sue a government agency. You may have as little as 60 days or be required to file an administrative complaint before filing a lawsuit.

Can You be Sued for Something that Happened Years Ago?

It depends. You can still be sued even after the statute of limitations runs out because judges don’t always throw cases out even if the statute has run out. You need to bring the matter specifically to the judge’s attention.

How Long Can a Lawsuit Last?

It can last for years since the statute of limitations no longer applies once you have filed the lawsuit. Your personal injury lawyer in Burlington will know when you can bring a case to court. You should consult with a personal injury lawyer if you have been involved in a personal injury accident. He or she will advise you if you can.