Were you just injured in one of the nearly 6 million car accidents that take place in the U.S. each year? Or did you hurt yourself in one of the roughly 1 million slip-and-fall accidents that occur in the country annually? Trust Accident Hotline to help you track down a personal injury lawyer to represent you in an accident injury case.
Act quickly, too. Otherwise, you may run the risk of missing the statute of limitations for personal injury lawsuits in your state. This is one of the biggest mistakes you can make when taking legal action after an accident involving injuries.
Find out more about what the statute of limitations is so you don’t have to worry about missing your opportunity to seek justice in a personal injury case.
What Is the Statute of Limitations in a Personal Injury Case?
The statute of limitations is the amount of time you have to file a personal injury claim following an accident. It typically starts as soon as an accident occurs and lasts for anywhere from one year to six years depending on where your accident happened.
Let’s say, for example, that you sustained injuries in a car accident in Arkansas on January 1, 2024, and the statute of limitations is three years under Arkansas Code Annotated § 16-56-105. You’ll have until January 1, 2027, to take legal action against another driver involved in your crash if you believe their negligence caused your collision.
The statute of limitations in personal injury cases exists to prevent plaintiffs from filing lawsuits against defendants long after accidents have occurred and the evidence from them has disappeared.
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How Long Is the Statute of Limitations in a Personal Injury Case?
Figuring out how long the statute of limitations is in personal injury cases isn’t as simple as it might seem. It changes on a state-by-state basis.
Arkansas has a three-year statute of limitations for car accident cases. However, other states have different statutes of limitations for these types of cases.
In Louisiana, for instance, car accident victims only have one year to take legal action before the statute of limitations runs out under Louisiana Statutes Annotated Code Article 3492. In Maine, on the other hand, car accident victims can take up to six years to file lawsuits under Maine Revised Statutes Annotated Title 14, § 752.
This is quite the discrepancy, so if you’re ever injured in a car accident or another type of accident, check to see what your state’s statute of limitations is for personal injury cases.
Do Different Types of Personal Injury Cases Have the Same Statutes of Limitations?
The majority of personal injury cases will all have the same statute of limitations within a specific jurisdiction. But this isn’t always the case.
We’ll use Kentucky as an example. Under Title 36, Chapter 413, § 413.140, the statute of limitations is just one year for personal injury cases. But car accident cases are the one exception, as those in the Bluegrass State have up to two years to file car accident lawsuits.
It’s also common for the statute of limitations for medical malpractice cases to be different from other types of personal injury cases in many states. For this reason, those thinking about filing personal injury claims should research the laws in their states to gain a better understanding of how long they have to take legal action.
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What Happens If You Miss the Statute of Limitations in a Personal Injury Case?
If you miss the statute of limitations in a personal injury case, you’ll forfeit your chance to take legal action. Even if you have what amounts to a slam-dunk case, it won’t matter if you don’t file a lawsuit within the designated time limits.
There are a few exceptions, but they’re few and far between. The only times when you might have the opportunity to file a personal injury lawsuit despite missing the statute of limitations is when:
You didn’t learn about an injury you sustained in an accident until days, weeks, months, or even years after it occurred (e.g. a doctor left a medical tool inside you during surgery and you didn’t discover it until later).
You tried to take legal action against a defendant, but they left your state in an attempt to hide from you, or you were otherwise unable to reach them.
You were a minor when you were injured in an accident.
You were mentally incapacitated for any time after the accident.
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What Can You Do To Avoid Missing the Statute of Limitations in a Personal Injury Case?
Following an accident, it may feel like you have plenty of time to take legal action before encountering a filing deadline. Even if you only have a year or two to file a lawsuit, you might not be in a huge hurry to call on a personal injury lawyer for assistance. You may also be busy with medical appointments and more pressing matters.
Still, you shouldn’t hesitate to look up the deadlines for filing an accident claim in your state. If nothing else, this will provide a personal injury claim expiration date so you can circle it on your calendar.
You should also bring the right personal injury attorney on board to begin representing you. They can shed more light on the statute of limitations for personal injury cases in your state and ensure you don’t allow any filing deadlines to pass without realizing it.
Contact Us To Connect With a Personal Injury Lawyer in Your Area
Missing the deadline for the statute of limitations for personal injury cases in your state could be catastrophic. It could limit your ability to collect compensation in your case to cover medical expenses and other accident-related costs.
Accident Hotline can help you connect with a personal injury lawyer in your area now so you can start moving your case in the right direction. Contact us at 888-340-7454 to discuss your legal needs with an agent. We’re available 24/7 to assist you.
For a free consultation, call 888-340-7454
