How Long Do I Have to File a Personal Injury Lawsuit?
After an accident, you may be eligible to bring a claim against the party responsible for your injuries. If so, it is critical to take swift legal action. Delaying can cause you to miss important deadlines and prevent you from recovering your losses.
But how long do you have to file a personal injury lawsuit? We have outlined the different factors that can influence your personal injury claim timeline below.
What is the Statute of Limitations on a Personal Injury Lawsuit?
A statute of limitations determines the time limit you have to take a personal injury claim to court. The majority of personal injury claims are based on negligence. However, if a lawsuit contains multiple claims (causes of action), you might have to comply with different deadlines.
In order to protect your rights, speak to a qualified personal injury attorney immediately after you have been injured as the result of fault. If you fail to bring your claim before the expiration of the statute of limitations deadline, you could be prevented from recovering the compensation you would otherwise deserve.
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Personal Injury Statute of Limitations By State
New York’s Statute of Limitations are complicated and vary based upon both the type of injury and the party who has acted negligently. One thing that is especially important to keep in mind is the fact that each case is unique, and only a personal injury lawyer in your state can give you an accurate answer of what the time limit will be in your claim.
There are factors that can influence your personal injury timeline. For example, the deadline for filing a lawsuit against a government entity is often less than the state’s personal injury statute of limitations.
These influencing factors can make pursuing a personal injury settlement complicated. But by teaming up with an experienced personal injury attorney in your state, you can be sure that your claim will get filed on time.
Personal Injury Statute of Limitations: One Year
States that allow one year to pursue a personal injury lawsuit in many claims are:
Personal Injury Statute of Limitations: Two Years
The following states have a two-year deadline for bringing a personal injury lawsuit in many claims:
- New Jersey
- West Virginia
Personal Injury Statute of Limitations: Three Years
The states that allow three years to file a personal injury lawsuit in many claims are:
- Washington DC
- New Hampshire
- New Mexico
- New York
- North Carolina
- Rhode Island
- South Carolina
- South Dakota
Personal Injury Statute of Limitations: Four to Six Years
The states with four-year deadlines in many cases are Florida, Nebraska, Utah, and Wyoming. Missouri is the only state with a five-year statute of limitation, and Maine and North Dakota allow six years to file a lawsuit in many cases.
Are There Exceptions to the Personal Injury Statute of Limitations?
Every state has exceptions for filing a personal injury lawsuit within its statute of limitations deadline. Cases may receive an extension if:
- The party bringing the lawsuit (the plaintiff) is a minor
- The plaintiff is or was mentally incapacitated at the time of the accident
- The party being sued (the defendant) was not in the state for an extended period following the accident
Most states also allow for the discovery rule exception (also known as delayed discovery). The discovery rule extends a personal injury filing deadline in cases where the plaintiff did not realize they suffered an injury or that another party was the reason for their damages until after the statute of limitations passed.
Therefore, don’t abandon your case if you believe your statute of limitations has expired. Instead, review your claim with a personal injury lawyer in your state. A legal professional can analyze your position and determine if your lawsuit qualifies for a statute of limitations extension.
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How Long Will It Take to Receive My Personal Injury Settlement?
Before bringing a personal injury lawsuit, your accident attorney will try to secure your settlement directly from the liable insurance provider. Then, after gathering evidence to prove your case, your lawyer will send the insurance company a demand letter for your compensation.
At that point, the insurance adjuster may accept the settlement, deny the claim, or offer a lower payment. Your accident lawyer will negotiate with the insurance company and fight to make sure you collect the personal injury settlement that your injuries merit. But if the two parties cannot reach a resolution, your lawyer will file a personal injury lawsuit.
Your trial can take between one to two years to reach a verdict, which is why personal injury lawyers fight to settle outside of court. Once you have been awarded your verdict, you should receive your compensation within six to eight weeks of your trial ending.
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Don’t try to navigate your New York personal injury lawsuit alone. Instead, let the qualified personal injury attorneys at Dansker & Aspromonte Associates demand justice for your injuries.
Our legal experts will represent your case and fight for the compensation you deserve. But, most importantly, we will make sure your personal injury claim is filed within the statute of limitations. Together, we will secure the full settlement that your injuries merit. Call or text (646) 692-0204 or complete a Free Case Evaluation form.
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