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People Are Being Misled on The Time Limits on Making a Claim for an Injury Compensation Claim

by Personal Injury Claims Blawg on October 2, 2021

Based on personal injury law in Florida and generally in the US

The field of compensation law encompasses a wide variety of types of personal injury cases. A compensation claim can be made when an individual suffers bodily, mentally, or dies because of someone else’s negligent conduct. 

Personal injuries can take numerous forms and occur in various situations, with the law classifying them accordingly. Vehicle accidents and industrial injuries, for example, are governed by rules that are specific to the circumstances. 

These statutes spell out the procedures and requirements for each form of claim, as well as the time limits within which an injured individual can file a claim. This is known as the ‘statute of limitations.’ If a claim is not filed within this time frame, the potential plaintiff may be considered ‘statute barred.’

A statute of limitations is legislation that limits the amount of time to file a civil case with a court. These are for various types of litigation, and each state and the federal government have its own deadlines.

Most personal injury lawsuits, or situations where the basis for liability is the personal injury law notion of “negligence.” These cases may be subject to the same statute of limitations in any state. This covers litigation arising from car accidents, slip and fall occurrences, dog bites, and other types of injuries. However, a single lawsuit may contain many claims (or “causes of action” in legalese) with varying deadlines.

After an automobile collision, you may file a lawsuit against the at-fault motorist, with one cause of action for personal injury (your physical hurt) and another for property loss (damage to your vehicle). 

How Long Do You have to File a Personal Injury Claim After an Accident?

A personal injury claim must be filed within three years of the date of the accident or the date of your illness’s diagnosis. This time limit is sometimes called the “limitation period,” and you must not wait too long to file your claim.

The court has the power to extend the three-year deadline, but this is uncommon and would require a compelling justification. It is safer to assume that this time restriction may not be opened. You should contact an attorney as soon as possible following your accident to begin your claim.

Within three years, you must file your claim with the court. It may not be possible to complete your claim within three years, depending on the complexity of your case and the severity of your injuries. There’s no need to be concerned if you’ve filed your lawsuit with the court within the time limit (known as “issuing proceedings”).

What Are Some of the Exceptions to the Three-Year Time Limit?

  • Claims on behalf of minors can be filed at any time before the child reaches the age of 18. When children reach the age of 18, they can file a claim at any time up to the age of 21
  • Criminal injury claims – the Criminal Injuries Compensation Authority (CICA) might manage your case if you were injured in a violent crime. After an occurrence, the CICA sets a two-year time restriction for filing a claim
  • There are no time constraints for filing a claim on behalf of someone who lacks the mental capacity to conduct their own case
  • Fatal claims — you have three years from the date of your loved one’s death to file a claim on their behalf. If a post-mortem determines that an accident or disease caused the death, you have three years from the date of discovery to file a claim
  • Accidents on board ships – You usually have two years from when you departed the ship to file a claim after an accident on a cruise liner or ferry. On cargo ships, the same time limit applies, but it starts from the day of your injuries
  • International flights – You have two years from when you arrive at your ultimate destination to file a claim after an accident on an international flight. This includes any accidents that occur after you have passed through passport control
  • Domestic flights — claims must be filed within two years of the flight’s arrival
  • Accidents/illnesses abroad — based on the country’s legislation, different time limits apply

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Personal Injury Claims Blawg

Personal Injury Claims Blawg

PI claims blogger at PIClaimsBlawg
Personal Injury Claims Blawg is a personal injury law blog, inviting contributions from practitioners, PI law firms and legal academics across the UK, US and beyond. The post above has been published because of the high value associated with the author's work. Contact us if you'd like to get published today.

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