Ask a Colorado personal injury lawyer, and they would tell you that they frequently see clients waiting too long to submit their claims. It’s because they’re uninformed of their case’s applicable statute of limitations.
In this post, we will explain this legal term, why it is essential, and how it might affect your case.
The statute of limitations is a legal phrase that relates to the time restriction for filing a lawsuit. Understanding the statute of limitations is necessary to ensure you do not lose your claim to compensation in a personal injury lawsuit. A Colorado personal injury lawyer is very likely to have witnessed such situations where even the strongest cases are rejected due to the expiration of the statute of limitations.
The statute of limitations differs depending on the state and the type of injury. The statute of limitations for personal injury claims in most states is two to three years from the date of the accident or injury.
There are exceptions, and the statute of limitations may be shorter or longer in some situations. For example, the statute of limitations for personal injury lawsuits in Kentucky is one year, but it is six years in Maine.
In Colorado, the statute of limitations for personal injury claims is two years, while for automobile accidents, it’s three years.
Understanding your state’s statute of limitations is critical since you cannot file a case after the time restriction has gone. Even if you have a good case and evidence to support your claim, the court will reject your case if you file after the statute of limitations has expired.
The statute of limitations serves several functions. For starters, it ensures that evidence is current and readily available. Evidence may be lost, destroyed, or forgotten over time, making it difficult to substantiate a claim. Second, it encourages plaintiffs to submit their claims as soon as possible, as failure to do so may result in losing their legal rights.
Understanding the various types of injuries and the applicable statute of limitations is also critical. For example, the statute of limitations in a medical malpractice lawsuit may be shorter or longer than the statute of limitations in an automobile accident. Consult experienced personal injury lawyers if you are unsure which statute of limitations applies to your case.
There are various exceptions to the statute of limitations in personal injury claims. These exclusions may allow you to file a case later. For example, if the injured person is a minor, the statute of limitations may not begin until they reach the legal age of maturity. Furthermore, if the injury was not identified promptly, the statute of limitations may be extended.
Knowing the statute of limitations in personal injury lawsuits is critical to protecting your legal rights. Ensure you know the time for making your claim since failing may result in losing your right to compensation.
At Bourassa Law Group, any Colorado personal injury lawyer can assist you with understanding these legal terms. Moreover, our years of experience have made us a leading name among accident injury attorneys.