Is There a Time Limit To File a Personal Injury Lawsuit?
If you were recently injured by someone else’s actions, you are probably currently carefully considering filing a personal injury lawsuit. It is a big commitment, but getting compensated for your injury is a huge benefit. If you are like most people in this situation, you are worried about how long you have to file your lawsuit. While you are trying to figure out if filing is a good idea or not, it can feel like your chance to file is slipping away. So, the big question is whether or not there is a time limit to file a personal injury lawsuit. This guide will tell you everything you need to know.
Your Time Limit
There actually is a time limit to file any lawsuit. It is called the statute of limitations. The statute of limitations usually begins counting down at the time a wrongdoing is committed. If the statute of limitations has expired, any lawsuit filed will be thrown out. So, you do have to be aware of what the statute of limitations is and be sure to make up your mind about filing a lawsuit before it expires.
What Is the Statute of Limitations?
So how long is the statute of limitations? The exact amount of time you have depends on two things:
- What state you live in
- What kind of lawsuit you are filing
For your situation, the type of lawsuit you are filing would be a personal injury lawsuit. If you are considering filing a different type of lawsuit, the statute of limitations would vary. For personal injury suits, the statute of limitations is almost always two or three years. It is designed to be long enough so you will have time to recover before having to file and begin the legal process. There are 10 states with a personal injury statute of limitations that is one, four, five, or six years. This means that the shortest amount of time you could possibly have to file your lawsuit is one year.
It is important not to wait until the last minute to file your lawsuit. It does take some time to file, so you might not be able to file if there’s only a few days left before the statute of limitations expires. The only major exception to the statute of limitations rule is if you did not know the identity of the person who caused your injury for a long period of time. To begin your lawsuit, find an attorney, like a personal injury lawyer in Minneapolis, MN, to help you file.
Thank you to the experts at Johnston | Martineau PLLP for their input into personal injury law.