Knowing how long you have to file a lawsuit is important because if you miss the deadline, that may mean you will lose your right to compensation, even if you have a very strong case.
Napoli Shkolnik can provide a free evaluation of your claim. Even if you believe the deadline has passed, it’s worth reaching out to discuss your options.
What does “Statute of Limitations” Mean?
The statute of limitations (SOL) is the amount of time you have to file a lawsuit in your state.
This period typically begins on the day of the accident or on the day you learned of your injury.
If you file your case after the time has lapsed, it is usually dismissed.
Statutes of limitations vary from state to state and case type to case type.
For personal injury claims, the time limits can also vary so you should speak with an attorney right away to understand what the timeframe is to make sure you do not miss a filing deadline.
What Affects the Statute of Limitations
There are certain instances where a statute of limitations could be extended, or “tolled”.
This temporarily paused the lock and may apply in the following circumstances:
- Discovery of Injury: The plaintiff did not discover the injury until after the SOL had expired
- Minor Status: The victim was a minor and could not file a lawsuit.
- Mental Incapacity: The plaintiff has a mental incompetence or incapacity.
- Defendant Not Present: The defendant was out of state or outside the country.
- Incarceration: The plaintiff was imprisoned.
How to File a Claim Against the Government
If you are filing a claim against a government entity, the time period may be much shorter, often requiring a notice of claim in 60 or 90 days.
It is important to consult with an experienced attorney in these complicated matters.
Multiple Cases At Once
Some types of cases can present with multiple legal actions, such as wrongful death and medical practice, which will impact different statute of limitations.
Generally it is advisable to file as quickly as possible in these instances.
Out-of-Court Settlements
Insurance companies will drag their feet during pre-suit negotiations, so that you are very close to an upcoming SOL.
Filing a lawsuit can preserve your rights and ensure you do not miss a deadline.
Napoli Shkolnik Is Ready to Help
At Napoli Shkolnik, our skilled attorneys have recovered over $20 in verdicts and settlements for our clients.
If you would like a no-obligation, free consultation with one of our experienced attorneys, feel free to contact us today. There are no upfront fees, and we only recover a fee when we win your case.