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There are many statute of limitations issues dealing with other causes of action [lawsuits for intentional harm assault and batterymalpractice, product liability, contracts, criminal prosecution etc.
You are NOT authorized to use any material on this page for other types of claims because the law in one of those areas could be a lot different from personal injury insurance claim law. What is the so-called "statute of limitations" for tort personal injury damages claims? Each state has a statute whereby there is a time within which a lawsuit must be " filed and served ", or it will be forever barred.
That is the statute of limitations: It is not a squishy thing where you can make an excuse for not filing in time, no matter how good your excuse "I got in an accident a week before the expiration of the statutory time and was recovering in the hospital" will have about as much impact on the judge as "my dog ate my lawsuit on the last day".
How does it affect my tort insurance claim for personal injuries, including pain and suffering? When does the statute of limitations start running "on the clock"? You will be forever barred from recovery if you fail to preserve your claim by filing and serving it in time. You could have a personal injury claim of agreed liability even where the insurance adjuster admits liability and the only argument is over the value of a huge damages claim; but you will have no means of recovery if you let the statute of limitations lapse.
The statute starts running "on the clock" the day that you discover you have suffered injury as the result of the actions or inactions of another. In personal injury claims, that is the day of the incident. How can I learn the Statute of Limitations in the state where my personal injury claim would have to be brought to trial?
Com has a list of state statutes, but we only update them once a year, so the law in your state could have changed.
If you want to see where your state set its statute of limitations as some point within the past year, please start with our access page, Statute of Limitation by State for Personal Injury Insurance Claims -- State Listings of Statute of Limitations for Personal Injury Insurance Claims.
Are there any exemptions to this harsh result? What if it is my child who suffered car accident personal injuries? Yes, there are exemptions for certain people who are not considered able to bring the lawsuit in a timely manner.
In such cases, the statute is not applicable during certain periods. The expression is that the statute of limitations is "tolled" during those periods.
People who cannot access the courts, such as children, legally insane, and the imprisoned are said to be under a disability to access the courts. Thus, the statute will not "run" during the time of disability, and most states also have a grace period after the disability is terminated in which they can bring a lawsuit.
There is another exemption, but it is NOT applicable to personal injury accidents, where the injury is not readily apparent to the claimant.
The statute does not start to run until the plaintiff knew or should have known that he had been injured.
This might apply, for example, in a negligent misrepresentation transaction in buying a house. In these cases, many states provide that the time periods provided in the statute of limitations begin to run when the injury is discovered, or with due diligence, should have been known to the plaintiff.File your TWIA claim 24 hours a day, 7 days a week with our online Claims Center.
Plus, learn what information to have on hand when reporting a claim, what happens after you report a claim, how to protect yourself from fraud, how to dispute a claim decision, and more. Phillip A. Ellen, is the President of First Benefits Insurance Mutual Inc.
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