Understanding the “Statute of Limitations’
Formally defined a statute of limitations is the amount of time after an event occurs (accident, injury, etc.) in which a claim may be brought forth in the court of law. Generally speaking, there is a time frame in which an individual can formulate a claim regarding their personal injury lawsuit. This time frame varies from state to state, as do some of the specific details that refer to it.
This enactment was put into place to make sure that each personal injury claim was filed immediately or closely following the accident and/or injury that may have occurred. This keeps individuals from filing lawsuits long after the accident, facts, and medical records were current.
It has been proven that memories of such accidents tend to fade over time, and scenes and actual occurrences may become skewed after an even longer period of time. When the accident is fresh in an individual and/or witness's brain, it is easier for the court system to determine the rightful proceedings thereafter.
There can be many ways in which to determine what the statute of limitations may be regarding any particular lawsuit. The type of suit will directly affect the amount of time, as will the state in which the claim was brought forth. For example, in Kentucky the statute of limitations is generally that of one year, while in Nebraska the time period can be up to four years.
In the case that an individual files beyond the time frame given, not being completely honest about the happenings or times in which accidents occurred; claims of fraud can be brought forward. It is best to always be honest and ethical when dealing with the courts and the time frames they allow claims to be filed within.
In any case, it is important to have your San Antonio personal injury lawyer assist you in determining when to file a personal injury lawsuit. Personal injury professionals can also assist you though the process of filing, as well as continue on with your needs after the case is in progress. It can be scary to walk into a court room or deal with paperwork in which you have no idea about. Allow a professional to stand on your side, to make sure that the process runs smoothly, ethically and efficiently.
If you have recently suffered from a personal injury you should contact your attorney as soon as possible. One may never know what their time frame may be for filing a claim, and it's always best to be on top of the issue, as opposed to late and out of luck.