What are the Personal Injury Statute of Limitations?

If you've been injured in an accident and are considering hiring a personal injury attorney to pursue a lawsuit, the first thing you need to do is to make sure that you fall within the statute of limitations in your state. Every state has a different set of laws which mandate that you bring a personal injury suit within a certain period of time after the injury is sustained.

This statute of limitations varies by state, but generally you'll have anywhere from thirty days to five or six years to bring your suit. That means that it is always a good idea to consult with a personal injury attorney as soon as possible after sustaining the injury. Your personal injury attorney will be familiar with the laws in your state and will help you to determine an appropriate course of action.

Some states have different statutes of limitations based on the nature of the injury. For example, in some states a personal injury attorney may have only a year to file a suit for a client's injury sustained in an auto accident or in the workplace. If the client develops cancer or a chronic condition several years after being exposed to a harmful substance, the statute of limitations begins at the moment he or she became ill, rather than the moment he or she was exposed. Most states have a yet another set of laws governing medical malpractice suits, so it's important to consult with a personal injury attorney to sort out the restrictions and particulars pertaining to your case.

Having to file a suit within the statute of limitations may seem like a frustrating endeavor, but it's important to remember that these laws are in place to protect citizens from wrongful law suits. For instance, of a statute of limitations were not in place in your state, someone who you got in a fender bender with 10 years ago could slap you with a lawsuit, complaining that they now have chronic back pain.

Clearly the back pain would have nothing to do with the small accident the two of you got in years ago, and this would not be a fair charge. Statutes of limitation are in place, therefore, to keep people from blaming every minor pain on an accident. Your personal injury attorney will be able to assist you in navigating the statute of limitations law in your area.