If you have been injured in an accident, it is essential to act quickly if you want to pursue legal action. In most states, there are time limits on personal injury cases, known as statutes of limitations, that restrict the time you have to file a claim. While these time limits may seem arbitrary, they ensure that justice is served while the evidence is still fresh and the facts are still clear.
What are Personal Injury Statutes of Limitations?
Personal injury statutes of limitations are laws that specify how long an individual has to file a personal injury lawsuit after being injured. The exact time limit varies from state to state, but in general, you have anywhere from one to six years from the date of the injury to file a claim. You may be barred from filing a lawsuit if you wait too long.
Why Are Statutes of Limitations Important?
Statutes of limitations are essential for several reasons. First, they help ensure that evidence remains available and witnesses’ memories remain fresh. Over time, evidence may be lost or destroyed, or memories may become fuzzy, making it more difficult to prove your case. Secondly, statutes of limitations protect people from being sued for events that took place many years ago. This gives people the peace of mind they need to move on with their lives without worrying about potential lawsuits indefinitely.
What Happens If You Miss the Statute of Limitations?
You will be barred from filing a lawsuit if you miss the statute of limitations. This means that you will not be able to recover damages for your injuries, no matter how severe they are. This is why acting quickly if you have been injured in an accident is so important. If you are unsure whether you still have time to file a lawsuit, it is important to contact a personal injury lawyer immediately. A lawyer can review your case and determine whether or not you are within the statute of limitations.
Exceptions to the Statute of Limitations:
In some cases, the statute of limitations may be extended or tolled (paused) due to certain circumstances. For example, if the injured party was a minor at the time of the injury, the statute of limitations may be extended until they turn 18. In some states, the statute of limitations may also be extended if the injured party was mentally incapacitated at the time of the injury. Additionally, the statute of limitations may be tolled if the defendant is out of state or in prison. These exceptions vary from state to state, so it is important to consult with a personal injury attorney if you think you may be eligible for an exception.
Filing a Personal Injury Claim in Georgia
If you or a loved one has been affected by an aviation accident in Atlanta, GA, the team at Goldstein Hayes & Lina, LLC is here to help. Our experienced personal injury attorneys understand the complexities of aviation negligence and are committed to fighting for the justice and compensation you deserve. Let us be your advocates in this difficult time as we strive to navigate the legal process on your behalf and secure the best possible outcome for your situation. Contact us today at (888) 425-6070 to get started.