Facts Pertaining To Limits On Time For Filing Lawsuit

There is no set limit that applies to all personal injury cases. Each state has its own set of laws, the ones that lawyers refer to as the statute of limitations.

What events could start the timeline, which had a deadline, one that had been stated in the statute of limitations?

The date of the event that inflicted harm on the victim: The date of the reported injury. The date when the victim had actually discovered the existence of the injury: Obviously, for a catastrophic injury, the victim would become aware of the injury’s existence at the time of the accidental event. Still, that would not be the case, for victims that had sustained an injury with slow-to-appear symptoms.

The date by which the victim should have discovered the harm done to him or her, and would have connected it with the harmful event. This starting date for the timeline is the one that gets used most frequently during an effort to prove or disprove a legal claim. A medical expert might explain how soon a given injury should have noticeable symptoms, as per personal injury lawyer in Oakville.

Still, a given symptom might not get linked to a specific accident. That would certainly be true, if the victim had not made an attempt to prevent mitigation of the sustained injury. In that case, a judge and jury might need to decide on the starting date for the statute of limitations.

What sorts of situations might cause the starting time for the statute of limitations to be delayed?

A court might allow a delay if an accident victim had not discovered the harm until months or years after having first sustained the injury. For example, it could be that medical advances had allowed discovery of a better diagnostic technique, one that aided a faster discovery of the victim’s accident-linked condition.

In an instance where a minor had been injured, the starting point for the statute of limitations would get delayed until the time of the victim’s 18th birthday. At that point, the victim, then a young adult, would probably have a year or more in which to file a lawsuit. Parents should note that fact, if a son or daughter was one of the occupants in a car that had felt the impact of the responsible driver’s vehicle.

Sometimes, the court might pause the statute of limitations, if the plaintiff were to become mentally impaired, or if the defendant had left the state. The pause could be lifted, if the defendant were to return to the state in which the accident had taken place. It could also be lifted, if the plaintiff were to designate a legal representative, someone that was known to have a sound mind.

Leave a Reply

Your email address will not be published.