When Can I File a Personal Injury Lawsuit When the Statute of Limitations Has Expired?

Except for exceptional circumstances, it is generally impossible to file a personal injury lawsuit after the statute expires. The judge will decide whether the claim can proceed after the time limit expires. He or she may use the factors to determine if something is different.

The Usual Problem With the Statute of Limitations

Most cases, an individual who has suffered harm cannot file a personal injury lawsuit after the statute of limitations expires. This time period is for normal claims against the liable party, such as a company or a third-party. While many victims of injury may be able to settle with an insurance company, any litigation requires that the plaintiff not exceed a certain time period. The personal injury limit, which is usually between one and three year, must be met in order to hire a lawyer and initiate the claim. Some may be available up to six years after the initial injury.

Exceptions to the Normal Statute of Limitations

Some cases may have exceptions, which could lead to the court or judge extending the usual statute of limitations. This could be the inclusion of children as victims. Other factors could cause the time limit to be extended. Rarely, the judge may extend the time due to administrative problems or a lack of communication with defending parties. This is a special case for discovery, which can stall or extend the timeframe based upon the injury.

Discovery Rule explained

The discovery rule is where the victim of personal injury can extend the deadline. This is because the statute does not normally start until the injured party has suffered bodily harm. The personal injury claim becomes activated with a time limit at this point. This could be due to an illness that isn’t manifested or lying dormant. Sometimes the problem may not become apparent until many years after the original injury. There may be other conditions, such as inhaling chemicals that can damage the lungs. This may lead to an internal condition that doesn’t appear until much later.

Minors are injured in the incident

Many states will allow the affected person to reach the age at which they are legally allowed to, eighteen years before the statute of limitations begins. The state might allow the youth to file a claim later if they are injured in an accident. It could mean that it may take several years for everyone to file a personal injury case. This allows the parties to start the case when the young person turns twenty for many states.

Individually Special Cases

In some cases, the injured party can file even after the statute of limitations expires. These cases are usually governed by special circumstances that require the filing of a civil case. Some states allow sexual abuse and violence to be extended until the victim turns 40. Some cases may have special requirements, such as the need to address aggravated circumstances or the loss of life. Personal injury cases may have special rules that are not included in the standard claim. To pursue the case, the victim might need to disclose the problem to the lawyer if it is present.

Explaining the Special Conditions and Legal Support

If the victim suffers from a condition that may extend the statute of limitations, they may need to tell a lawyer or a judge about it so that the civil court can still proceed with possible compensation.

These matters require legal representation to be pursued beyond the deadline set by the statute of limitations. The judge may be informed by legal representation about the particular rule and how to pursue the maximum compensation for the injury.

Updated 01/18/22