What Is the Statute of Limitations?
The statute of limitations is a law that puts a time limit on court cases. Both criminal and civil cases can have a statute of limitations. Statutes of limitations vary by case type and location. For example, in Florida, a prosecutor has four years to file a criminal case against a person charged with fraud. In civil cases, such as personal injury, there is also a time frame in which to file a claim. Let’s discuss how statutes of limitations affect your claim.
How Long Do You Have to File a Personal Injury Claim?
The statute of limitations for your case depends on the type of claim you’re making. Generally speaking, you have about two years to bring your case for auto accidents or medical malpractice. There are many exceptions to the rules, though. Some cases, such as those against a government entity need to be brought even quicker. In some cases, you may have longer. This is why you should discuss your case with a lawyer as quickly as possible after your injury. You not only preserve evidence and information, it’s a way to get an understanding of how long you have to bring your claim.
When Does the Statute of Limitations Start?
Typically, the statute of limitations starts to count down on the day of your injury. There are some variations to the rule. In some cases, the timeline begins on the day you discovered the injury. If the surgeon left a sponge inside the incision after your surgery. The statute of limitations wouldn’t start on the date of the surgery, which would be the date of injury. Instead, it would begin when the problem was discovered.
Do You Have a Personal Injury Claim?
As the lawyers at Cohen & Cohen can explain, a personal injury claim is based on the negligence of the other party, their duty to you and whether you have damages or not. There are many laws that determine the validity of a personal injury claim, from the statute of limitations to the elements of proving that you do have a case. Personal injury lawyers usually offer a consultation at no charge to discuss your case to determine the best steps to take after the lawyer understands the case. Most personal injury cases are handled on a contingency fee. This means that you don’t pay up front. When the case is settled, the lawyer takes their fee from the settlement. Make an appointment to get an assessment of your claim.