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Personal Injury Statute of Limitations

Posted On : Aug-19-2011 | seen (315) times | Article Word Count : 470 |

Statute of limitations personal injury information- Overview of how they apply and exceptions-Info, tips, help-San Sa
A statute of limitations is the length of time a party has to take legal action in response to a broken law. The statute gives a time frame in which legal proceedings should occur. Statutes vary based on crimes and on the location in which the crime was committed. The personal injury statute of limitations means that an injured party only has a certain number of years in which to seek money for the damages and medical bills they accumulated due to an injury.

If you are working with personal injury attorneys, they will be able to help you determine the statute for your particular issue. In California, the statute of limitation for negligence and personal injury is two years. However, there are rules governing discovery, so if an injury arises later in life in regards to a person’s negligence, there might still be some legal action a victim could take. For instance, in a wrongful death case, the statute is only one year. However, if the death was caused by asbestos exposure or medical malpractice, the one year statute is waived.

Personal injury statute of limitations were created due to the need to protect those who can be found guilty of negligence. If a person is involved in an auto accident and four years later begins having back problems, it is nearly impossible to prove the back problems are affiliated with the accident. A victim might seek compensation, even when the injury is unrelated. The statute of limitations is in place to prevent this from happening. In some instances of personal injury, it could be proven the injury or illness is affiliated with something that occurred years ago. A victim of mesothelioma was exposed to asbestos at some point, but the disease takes years to develop. This is why some statutes are longer or not in existence at all.

Liable parties affected by the personal injury statute of limitations might be anyone involved with the accident or injury. The statute is meant to protect those who could be held liable. However, if legal action is taken within the proper time frame, the person or persons responsible for the injury are held liable. This might be an employer, a business owner, the operator of a motor vehicle, a doctor, or a dog owner.

If you have been injured as a result of someone else’s negligence, it is important for you to contact personal injury attorneys as soon as possible. Since you have limited time to take legal action, the sooner you act, the more likely you are to be compensated. Nobody should lose out on compensation due to them as the result of an injury and experienced personal injury attorneys will make sure action is taken in the appropriate amount of time.

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Category : Reference and Education : Legal

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