Understanding the Statute of Limitation for Your Personal Injury Case
Published on:September 8, 2015

Understanding the Statute of Limitation for Your Personal Injury CaseFollowing an expected personal injury, it is understandable that your main focus would be recovering from the injuries you sustained, right. Well, such recovery may be lengthy, and you might be left permanently disabled. Normally, the recoveries involve serious medical procedures, rehabilitation programs, periods of rest, lost wages and readjusting to everyday life. In fact, it is not a surprise that victims always focus on their recovery.

If you were injured and believe that you might claim for compensation, it is important to act quickly. Depending on your situation, you might lose your right to pursue personal injury compensation due to the statute of limitation. The statute of limitation is the time limit you have to either sue for compensation or settle your claim with the insurance company. In Staten Island, the time you have to start legal proceeding varies from case to case.

After the expiry of the limitation period, for all the intents and purposes, your case will be closed even if it passes just by one day. You must, therefore, check the statute of limitation in Staten Island to be sure which period applies to your particular type of injury.

When Does Clock Starts For the Statute Of Limitations?

The statutes of limitation always begin on the day you get injured. If you have been injured in an accident, write down the exact day and date it happened. Remember, the longer you take to file compensation claim, the more important the statute of limitation becomes. In Staten Island, the statute of limitation for claims related to personal injury is either two or three years, so you need to act faster.

The Exceptions to the Statute of Limitation

However, the law does allow some exceptions to the statute of limitation period. Here are a few notable ones:

  • If you are legally incompetent to file a claim, the time limit may be stopped until you become competent
  • If you were a minor, the time limit may be extended until 2-3 years after you turn 18 years old
  • In a medical malpractice case, where the negligence of the physician does not appear until the limitation period is expired, the time limit may be extended and begin once you discover the injury or the court determines when you should have discovered the injury

If there is another reason that you believe the statute of limitation should be extended, your personal injury attorney and the court will evaluate the case and determine whether it is possible or not.

Ways to Extend the Statute of Limitation

If the statute of limitation deadline is approaching, and you have not filed a claim, there is a way to extend the limitation period. You must file a lawsuit to extend the expiration date. Once you file a lawsuit, the statute of limitation automatically extends the deadline. So, you will have plenty of time to continue perusing settlement without worrying about the deadline. Again, if the defendant left the state after committing the injury, the time-counting stops during the period when the defendant is not within the state. However, this might be very difficult to prove, and you should not count on the statute limitation’s extension. You must consult your personal injury lawyer about your situation. Another way to extend the statute of limitation is when you are a minor, mentally ill, disabled or insane

Hire an Experienced Personal Injury Attorney

If you legally believe that you have a personal injury case in Staten Island, please hire a qualified personal injury attorney to help you learn your legal rights, and ensure that meet the meet the statute of limitation in your state.