After suffering an injury, it’s natural to focus on healing and getting back to normal life. However, time is a critical factor when it comes to preserving your legal rights as a brain injury lawyer knows all too well. Waiting too long to take action after an injury can permanently block you from recovering any compensation at all. Understanding the statute of limitations is essential for anyone considering a personal injury claim.
What Is The Statute Of Limitations?
The statute of limitations is a legal deadline that dictates how long you have to file a lawsuit after an injury occurs. While the exact timeline can vary depending on the jurisdiction and type of case, personal injury claims typically must be filed within two years from the date the injury occurred. If you were injured in an accident — such as a car crash, slip and fall, medical error, or workplace incident — this two-year window is often the standard guideline as our friends at Hayhurst Law PLLC would share.
This rule applies regardless of how severe the injury is or how strong your case might be. If the deadline passes, courts generally will not allow your case to move forward, and you lose the opportunity to recover damages like medical expenses, lost income, or pain and suffering.
Exceptions To The Standard Deadline
There are certain situations where the statute of limitations may be extended. These exceptions are narrow but important:
- Injuries To Minors: When a child is injured, the statute of limitations may be paused — or “tolled” — until the child reaches the age of majority. After that, the typical filing window begins.
- Delayed Discovery: In some cases, the injury isn’t immediately apparent. This is especially common in medical malpractice situations. If the harm caused by negligence isn’t discovered until months or even years later, the statute of limitations may begin from the date the injury was reasonably discovered — not when it actually occurred.
- Mental Incapacity Or Disability: If the injured person is mentally incapacitated or otherwise legally unable to take action, the deadline may be delayed until they are deemed capable of pursuing a claim.
Each of these scenarios requires a careful legal assessment. Exceptions can be complex and often depend on very specific facts and circumstances.
What Happens If The Deadline Passes?
Missing the statute of limitations almost always results in dismissal of your case. Even if your claim is valid, filing late means the court will likely refuse to hear it, and the responsible party will not be legally obligated to pay compensation. Insurance companies are also under no obligation to settle claims once the legal deadline has expired.
Don’t Wait To Take Action
Building a strong injury claim takes time. Evidence needs to be collected, witnesses interviewed, and damages fully documented. The sooner a claim is evaluated and pursued, the more likely it is to succeed.
If you think you may have a personal injury claim, it’s important not to delay. Even if you’re unsure about your legal options or whether your case qualifies, getting a timely evaluation can protect your right to seek compensation. Time may be running out — take the first step today and contact a lawyer near you.