Arizona Statute Of Limitations For Personal Injury
Depending on where you live, the statute of limitations is going to vary when it comes to a personal injury claim. The statute of limitations outlines the amount of time you have to file a claim and move forward with your personal injury case. This is where you need to have a personal injury lawyer on hand who can advise you on when you need to file your claim to ensure you don’t end up missing out on the deadline and preventing yourself from collecting the compensation you deserve.
The Mechanics of the Statutes
Essentially, the statute of limitations was put in place to establish the amount of time an individual has to pursue legal action against another party. When it comes to civil law, this limit is the amount of time a plaintiff has to file the personal injury lawsuit paperwork in court. If the amount of time allowed passes by, the individual cannot pursue legal action. This can cause the injury victim to end up losing out on any money that they might have been able to recover for their injuries.
Different Types of Limitations
There are a number of different statutes spanning the different states and cases. Each case is going to have its own specific set of statutes. In a criminal case, many states don’t have limitations on how long it can be for someone to be prosecuted for murder. However, there are some states that only have a one-year timeframe for someone to be prosecuted. There are also others that might have a longer timeframe such as six-years.
Many personal injury claims have a two-year limit on when you can file your claim, (See personal injury lawsuit case stages). But, there are states that only have a one-year limit for car accidents and medical malpractice claims. As you can see, the timeframe will vary from one extreme to the next. This is why it is so important to have a trained lawyer working on your case to make sure you don’t end up losing out on the compensation you deserve.
Differences and Exceptions
Beyond the various state laws in place and the type of injury that you sustained, there are also other factors that can come into play and affect how long you have to file for compensation. Some states give an extended period of time for minors who were injured, such as waiting until the minor is considered an adult before they start counting the time.
There are also other states who will give a longer period of time for accidents that were caused by someone intentionally defrauding them. A personal injury victim should not depend on these types of exceptions when determining when to file their case. Your attorney can make sure you do not miss out on the deadline by going over all the specifics with you beforehand.
Discovering Harm
The statute of limitations often starts after the individual has already been injured. In certain situations, the victim might not realize that they sustained harm until quite some time after the accident has happened in the first place. In those cases, the statute of limitations is not going to start until the individual actually knows that they suffered harm and has a case for personal injury. For example, if you go to the doctor for a routine procedure, you might not realize anything is wrong until a few weeks later when you start experiencing complications. That is when the statute would begin and the clock would start ticking on your claim.
Any delays with discovering the injuries has to be reasonable. Not going in and seeking medical treatment could end up hurting your case because you intentionally delayed in going back in to your doctor to find out what was going on. The same thing applies to those who were injured in a car accident. Oftentimes, these injuries are obvious fairly quickly and do not take months to uncover.
The Timing of Your Personal Injury Lawsuit
Personal injury lawyers will be able to advise you as to when the best time to file your case might be. Oftentimes, insurance adjusters will often try to get you to settle your case fairly quickly. However, Phoenix personal injury lawyers will often tell you to wait until later on before settling your case. The whole reason why the insurance company wants you to rush and settle is so they can save money in their pocket. They want you to settle before you have the chance to realize just how bad your injuries really are. This could end up causing you to lose out on a significant amount of money in the end.
Do not wait too long to file your case and begin the process of recovering damages. You want to make sure you get the compensation you deserve within the timeframe allowed. This is where your attorney can help you along the way.
