Personal Injury: What You Need To Know About The Statute Of Limitations
If you have suffered an injury due to a defective product, it is important to understand how the statute of limitations may apply. Sometimes, your injury may not be discovered until later. If this is the case, you need to know how time limitations may apply in your case. This article will discuss the statute of limitations and how it works.
Time Limits
The statute of limitations in a personal injury claim can vary based on the state and the nature of the case. Before filing your claim, you should find out what the statute of limitations is in your state.
If the statute of limitations in your state expires, it doesn’t mean that you won’t be able to file your claim. One of the parties involved in manufacturing the defective product may reside in another state. If this is the case, that party is also one of the defendants. If one of the defendants is located in another state that has a longer statute of limitations, you may be able to file your claim there.
When Does The Timer Start?
In most cases, it is easy to tell when the time limit starts. If your injury occurs as the result of a faulty chainsaw, then the time limit starts on the day you were injured. This means you will need to file the lawsuit within two years of the day you were injured.
In some cases, the injury you receive may not be immediately apparent. You may not discover the injury for months or years after the injury was sustained.
For example, if you inhale a harmful chemical as the result of a defective product, the damage to your body may not be apparent until months later. In these cases, you might still be able to file your claim even if you missed the deadline.
In cases that are more complicated, the date when the time limit begins can change from state to state. Typically, there are two rules that could apply:
Date the injury occurs – In some states, the time limit starts from the date the injury happens.
Date the injury is discovered – In other states, the time limit starts from the date the injury is discovered, or should have been discovered.
Typically, these rules are only considered if the date that your claim is being filed is close to the date the statute of limitations is up.
If you believe you have been injured as the result of a defective product, it is important to file your claim as soon as possible. This will help you avoid any issues because of the statute of limitations. Consult with an attorney who can tell you whether or not you have a valid case.
