The following list includes some examples of the types of cases that may be considered personal injury claims.
Every legal claim, including a claim for personal injury, has a deadline by which the lawsuit must be brought or else the right to sue is lost. Different types of cases have different statutes of limitation. For example, in New York, the statute of limitations for fraud is two years. The statute of limitations for a personal injury case is three years. However, if the personal injury was caused by a governmental entity, then the statute is typically two years (subject to some other factors).
Usually, the statute of limitations begins to run at the time the injury occurs. However, if a person suffers a hidden injury (such as an instrument left in a patient’s body that is discovered long after a surgery or exposure to a chemical or toxin that causes injuries to surface years after the exposure) , then the time begins to run from when the injured person knew, or by the exercise of reasonable diligence should have known, that he or she was injured. This is called the “discovery rule.”
In certain cases, the statute of limitations does not begin to run at the time the injury occurs even though the injury is apparent. This means that the statute is “tolled” for a period of time. For example, if a child is injured, the time does not begin to run until the child turns 18 years old. Also, the statute of limitations may be tolled in cases regarding mentally impaired victims or for persons who leave the state for certain reasons such as military service.
Because calculating the statute of limitations for a particular case can be complex, it is important that you contact an attorney immediately after suffering any injury so that the appropriate statute of limitations can be determined.
- Slip and fall injury
- Nursing home negligence
- Automobile accident
- Defective product injury
- Exposure to toxic material
- Medical malpractice
- Wrongful death
- Drug injury
- Job injury (workers compensation)
- Dog bite case
- Statute of Limitations
Every legal claim, including a claim for personal injury, has a deadline by which the lawsuit must be brought or else the right to sue is lost. Different types of cases have different statutes of limitation. For example, in New York, the statute of limitations for fraud is two years. The statute of limitations for a personal injury case is three years. However, if the personal injury was caused by a governmental entity, then the statute is typically two years (subject to some other factors).
Usually, the statute of limitations begins to run at the time the injury occurs. However, if a person suffers a hidden injury (such as an instrument left in a patient’s body that is discovered long after a surgery or exposure to a chemical or toxin that causes injuries to surface years after the exposure) , then the time begins to run from when the injured person knew, or by the exercise of reasonable diligence should have known, that he or she was injured. This is called the “discovery rule.”
In certain cases, the statute of limitations does not begin to run at the time the injury occurs even though the injury is apparent. This means that the statute is “tolled” for a period of time. For example, if a child is injured, the time does not begin to run until the child turns 18 years old. Also, the statute of limitations may be tolled in cases regarding mentally impaired victims or for persons who leave the state for certain reasons such as military service.
Because calculating the statute of limitations for a particular case can be complex, it is important that you contact an attorney immediately after suffering any injury so that the appropriate statute of limitations can be determined.
Comentarios
Publicar un comentario