When you want to make a personal injury claim, the strict time limit normally applies. The standard period for commencing personal injury claim for compensation is three-years. If failure to start a court action within three years, your personal injury compensation claim becomes statute barred or time-barred. Here is more information on different limitation periods for personal injury compensation claims.
The Experience of Limitation Period
Normally, the three-year period begins from the date of the injury. However, there are exceptions to this rule depending on the nature of the personal injury and sometimes the situation or circumstances of the injured person. This means that the three year period may begin sometime after the actual injury. The rules associated with these exceptions and time limitations periods are very complex. It is therefore important to seek legal advice from a personal injury attorney as soon as possible if you think you deserve compensation to prevent time-barred.
Limitation Period for Accidents Compensation
The time limit for most personal injury accident claim is three years. Normally, the three-year limit starts from the date of the accident, whether it is road traffic accident, slip, fall or strip on private or public property or an accident at work. This limitation period also covers injuries caused as a result of exposure to industrial diseases, harmful substances and asbestos-related diseases.
In disease cases, the time limit starts the date that you realized, or deemed to know that you have developed symptoms, the disease or condition. It might be the date that the symptoms became apparent or the time when the condition is diagnosed by medical adviser. If you assaulted or battered, there is a two-year time limit from the date of the incident to start a claim. If you miss the two-year time limit, the court may not consider your application.
Exceptions to the Limitation Period
Although the time limit of three years applies to any type of accident compensation claim, there are exceptions governed by the situation injured person or the circumstances of the accident. The courts are sometimes persuaded to exercise its discretion to allow the case to continue outside the time limit, but it is always rarely granted or unpredictable.
Date of Acknowledgment
Date of acknowledgment is the date that the court will say that you ought to have known or knew that you had developed injury resulting from the negligence or wrongdoing of others. This may be very simple to determine, especially if there is an obvious injury on specific date. However, some diseases and conditions might be difficult because the injury is not readily visible or have a very obscure rate of development. Therefore, the legal date of acknowledgement is the date that you first saw the symptoms. Equally, it can be the date that the medical diagnoses or you suspected that injury had developed.
If you had sought medical treatment with respect to the injury and you were advised that the injury was minor, only to find later that the injury is more serious, then the time limit would start from the original start of the symptom or the date when the injury was linked to your accident.
Overall, if you want to make a personal injury claim in Staten Island, you need to seek the advice of an experienced personal injury lawyer. The time limit is very crucial for your personal injury compensation claim, so please act within the deadline!