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3 min read

What is the Statute of Limitations on Personal Injury Claims?

If you or a family member has been injured due to someone else's negligence, it is crucial to understand your legal rights and options. Knowing your state's statute of limitations on personal injury claims is especially critical.

Personal injury law can vary from state to state, and there may be different statutes of limitations based on the type of injury. So, you should speak to a personal injury attorney licensed to practice in your local area right away.

The statute of limitations puts a deadline on how long you have to file your claim, so it is critical to know what it is so that you can protect your legal rights.

In general, the statute of limitations for personal injury claims ranges from one to six years, depending on the state and the type of injury. But, again, each state has its own statute of limitations.

For example, in Colorado, the standard statute of limitations for personal injury claims is two years. However, that statute of limitations is three years in Colorado if the claim seeks compensation for injury from a vehicular accident.

The clock starts running on the statute of limitations on the date of the accident or event that caused the injury.

The deadline is for filing your personal injury claim before the statute of limitations runs out, not for receiving a ruling on your claim.

What if You Miss the Deadline?

Knowing your state's statute of limitations on personal injury claims is essential. If you miss the deadline, you may lose your right to seek compensation for your injuries.

However, a few exceptions to the statute of limitations may allow you to file a claim even after the deadline.

For example, suppose you were unaware of your injury until after the deadline. In that case, you can file a claim within a certain amount of time after discovering your injury. This is known as the "discovery rule."

Depending on your state, there may be other exceptions that essentially “stop the clock” and extend the time you have to file a claim before the statute of limitations runs out.

However, you should not count on one of these exceptions. It is always best to seek legal advice right away to protect your rights. They will also ensure you are aware of all of your options.

Other Things to Consider in Protecting Your Rights in a Personal Injury Claim

In addition to being aware of the statute of limitations, you can do several other things to protect your rights in a personal injury claim.

First and foremost, seek medical attention immediately!strong> Your health and well-being should take top priority. Some injuries may not show symptoms immediately, and delaying medical treatment could worsen your injuries. Plus, having documentation of your injuries and treatment can be significant evidence in your case.

Next, document everything. Keep a record of everything related to your injury. This includes writing down what happened, taking photos of the accident scene, gathering contact information from witnesses, etc. It is also a good idea to record all medical treatment and any expenses you incur due to this injury.

It is also important to be careful when speaking with insurance adjusters or representatives from the other party involved in the incident. Avoid admitting fault or making statements that could be used against you in court or in the settlement of your claim.

Hire a personal injury attorney to advocate for you and help you navigate a potentially complex legal process. Not only can they represent you in court, but they also can negotiate with insurance companies on your behalf to ensure that you receive fair compensation.

And finally, do not rush the process. Be patient as long as you have met the filing deadline within the statute of limitations. Personal injury claims can take time, and you do not want to settle for less than you deserve just because you are in a hurry. Your attorney can advise you on what to expect and how long the process may take for your specific case.

What to Do NOW if You Have Been Injured and Think You Might Have a Personal Injury Claim

Remember, it is vital to get legal advice from an experienced personal injury lawyer right away to file your claim within the statute of limitations.

Get a free consultation with the Personal Injury Legal Team at Whitcomb Selinsky, PC. Call (866) 433-4116 orclick here to use our convenient online form to tell us how we can help.