Personal Injury Statute of Limitation Issues

Generally, a statute of limitations (SOL) is a law that places a time limit on pursuing a legal remedy or action for a wrongful conduct. Unless there is legal exception, an injured person loses the right to file a suit for damages after the expiration of the statutory period.

Each state has its own statute of limitation. In California, for instance, the statute of limitation may also depend on the type of harm.

Here are the types of harm and the corresponding statute of limitations that apply for each category:

• Personal injury – 2 years
• Professional malpractice – 1 year from date of discovery to a maximum of 4 years from the date of the wrongful act
• Medical malpractice – 3 years from the date of the injury or 1 year from the date of discovery, which also applies to minors six years and older
• Libel, slander and defamation – 1 year
• Product liability – 2 years

However, the time period for the filing of a claim against a government agency or employee is different from that of a private party.

For instance, if you get injured in a car accident involving a government-owned vehicle, you must file a claim with the proper agency within six months after injury. Compared to the regular SOL of 2 years, this shorter time limit would allow the agency to respond quickly to prevent further injury and to predict, for budget purposes, their liability exposure.

When filing a claim, you must use the claim form of the particular agency and submit it with the proper authority. Once filed, a government agency may either accept your claim, which means they agree to pay your claim, or reject it. If they reject it, you must file the suit within the limited period of time, otherwise you will lose your right to your claim.

Issues that Affect the Statute of Limitation

Another issue in the statute of limitation is the discovery rule. The discovery rule allows a lawsuit to be filed within a certain period of time after the injury is discovered. However, this rule does not apply to all civil injuries.

In addition to the discovery rule, some people appeal for the harsh result of the statute of limitation by declaring that the statute has been “tolled”, which means that something has stopped the statute from running for a period of time.

This can be done for the following reasons:

• When the victim was a minor at the time of the injury
• Mental incompetence – the victim was not mentally competent at the time of the injury
• The defendant’s bankruptcy

Another factor that may affect the SOL is contractual limitations. Sometimes, statutory limitations may be shortened by contract. An employment contract, for instance, may require that any claim arising from one’s employment, including wrongful termination, be filed within one year of the commission of a wrongful conduct. When this happens, the courts are likely to uphold these clauses, especially in the context of business transactions, which provide shorter than the usual statute of limitations.

To help you with issues regarding a personal injury case and its statute of limitations, you need to consult with an experienced personal injury attorney.