Personal injury lawyer-how long do you have to sue someone for personal injury?
According to personal injury laws, the person or entity that unlawfully and negligently injures another person should be held liable and therefore will pay damages incurred by the victim and all financial losses. The injured person has a right to file a claim against the at-fault party, or file through an insurance company.
However, the injured person has a time limit within which he or his personal injury lawyer is supposed to file a lawsuit to force the at-fault party to pay for his reckless or malicious behaviors.
The time to sue someone for personal injuries varies from state to state, and also depends on the nature of the personal injuries sustained, and also the age of the plaintiff or claimant (injured person)
The average time in the USA you have to sue someone for your personal injuries is somewhere between 1-5 years. Depending on the state you come from, there might be some additional considerations and adjustments to accommodate certain circumstances of the injuries.
The injured person usually has several options for recovering his damages and losses and these include
- settling locally with the at-fault party
- settling through the at-fault party’s insurance company
- hiring a personal injury lawyer to take the case to trial for a verdict
- settling through their own insurance company.
To understand very well how long you have to sue someone for personal injuries which we call statute of limitations, go through the contents of this article below and understand upfront what I am about to tell you. Alright, let’s go.
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Personal Injury Statute of Limitations
The statute of limitations is the time frame in which an injured person is supposed to have filed a lawsuit against the party that negligently or maliciously caused the bodily injuries.
To protect the defendant and reduce the number of possible fake cases, all states in the USA have a time limit or deadlines beyond which the injured person losses the right to sue.
This is the very reason why hiring a car accident attorney, or personal injury lawyer after the accident is paramount. You do not want to make your pieces of evidence like the presence of physical injuries, accident footage, etc lose meaning and value due to unnecessary delays.
How to sue for personal injury?
Following an accident that led to your injuries, you may be wondering what to do next. Would you settle locally with the other party? should you file claims through his insurance company or yours? Is hiring a personal injury lawyer worth it or not?
Whether to sue or not depends on what you want, the severity of your injuries, the availability of insurance coverages and their limits, the attitude of the insurance company adjusters and so many other factors.
My personal opinion is that you should consult an experienced personal attorney and discuss if you have a valid case and explore your all options. Though there are quite bad personal injury lawyers out there, a good lawyer should be able to offer you good advice about your case.
How much can I sue for personal injury?
How much to sue for personal injuries depends on your state’s or country’s car accident laws, circumstances that caused the injuries, insurance coverage and limits of the policies, and the experiences of the personal injury lawyer hired.
For example, data shows that an injured person from Virginia is allowed to sue for up to $500,000 as damages for their personal injuries.
In Florida, there is no limit on the amount of settlement an injured person is allowed to claim. The plaintiff actually is not allowed to ask for any specific amount of money as damages. He only must prove liability, cause of injuries, and proof of damages and losses.
In New York, the amount of settlement you can sue for in a personal injury has no cap. You are free to state what you think is fair pertaining to your damages, and then go on and support your claim with clear and convincing evidence.
According to vaziri law group personal attorneys, the average settlement for personal injuries in California is between $14,500 and $28,300. According to Weissman Law Firm, the cap for economic damages in California is around $250,000.
Washington state has no limits to the number of damages the injured person should claim for. There used to be a cap on damages in Washington but that was abolished in 1989.
Bodily injury statute of limitations by state
This is a question that needs to be addressed in a separate article, so stay tuned for the next upcoming articles. I will only highlight a few states below.
- According to Alaska Statutes Section 09.10.070, the statute of limitations in Alaska is 2 years.
- According to Arizona Revised Statutes Section 12-542, the statute of limitations in Arizona is also 2 years.
- According to Arkansas Code Annotated Section 16-56-105, the statute of limitations in Arkansas is 3 years.
- The statute of limitations for California, Colorado, Connecticut, and Delaware for personal injuries is 2 years.
- An injured person has up to 4 years to file a personal lawsuit in Florida.
- The statute of limitations in Georgia, Hawaii, Idaho, Illinois, Indiana, and Iowa is 2 years.
Every state has its own workers’ compensation deadlines which should be observed by injured persons who want to file compensation claims. More additionally, your insurance company would want you to file your claim in a certain stipulated time.
If you sustained injuries at your workplace, you probably need to consult an attorney who is licensed to work in your locality or call your insurance company for clarification.
In Texas, the injured person should also report his/her injuries within 1 month. You also have 90 days to appeal and 1 year to file your personal injury claim.
The statute of limitations for workplace injuries in Florida is within 2 years. Beyond 2 years, the injured person loses his/her right to sue someone for personal injuries.
Workers in New York have up to 2 years to file a personal injury claim and should have reported the injuries within 30 days. The statute of limitations for hearing loss in New York is 90 days, and the injured person should file a settlement claim within 90 days.
The statute of limitations for workplace injuries in Washington is 1 year. Hearing loss victims have up to 2 years in which they should have filed their claims.
From the examples given above, workplace injury victims have on average from 1-2 years to sue for workplace-related personal injuries. Depending on the circumstances of the injuries and the age of the person, you could still sue someone after the expiry of the statute of limitations though many states forbid it.
How long do you have to go to the doctor after a slip and fall?
How long do you have to go to the doctor after a slip and fall accident depends on the severity of your injuries, and if you need to sue or not?
It is recommended you see a doctor within 72 hours of a slip and fall accident, first for the good of your health and to help create evidence of your injuries.
Winning your personal injury lawsuit or claim depends largely on the pieces of evidence you will parade before the insurance company adjusters or jurors. Seeing a doctor immediately after the accident proves injuries and your medical bills prove financial losses and therefore makes your claim strong and valid.
How long do you have to sue someone after an incident?
Without thinking about your state’s statute of limitations, any injured person has at least 1 year to sue the at-fault party after the incident like a car accident. Beyond 12 months, I recommend you consult an experienced personal injury attorney before you are caught up by the deadlines.
How long can a personal injury lawsuit last?
How long a personal injury last depends on many factors like:
- The period the injured person took to achieve the maximum medical improvement.
- The attitude of the insurance company responsible for your damages.
- Your personal injury lawyer negotiation expertise
- How clear are liability issues
- Are you settling with the insurance company, or you took the case to trial, etc?
From a survey done on Facebook’s personal injuries page, more than 90% of respondents reported that most cases of personal injury take 1-5 years to settle.
Can you make a personal injury claim after 3 years?
You can make a personal injury claim after 3 years only if your state’s statute of limitations is 3 years. If your state’s statute of limitations is 1 year, definitely you lawsuit you filed after 3 years will be dismissed, unless it’s a special case allowed by law.
For example, filing a personal injury lawsuit after 3 years in Florida or Arkansas is acceptable just because the statute of limitations is 4 and 3 years respectively.
Personal injury statute of limitations California
I earlier highlighted the statute of limitations for workplace injuries in California. Guys, what you need to note is that, in some states, there are different statutes of limitations for different kinds of personal injuries, and this should be noted by every injured person.
For instance, in California, the statute of limitations for workplace injuries is different from the statute of limitations, for example, for car accident injuries, and this also applies to some other states.
The statute of limitations for filing personal injury lawsuits in California is 2 years from the time of the accident or the day your injuries showed up.
Personal injury statute of limitations new york
Also, the statute of limitations for workplace injuries in New York is different from other personal injuries like car accidents.
Whereas the statute of limitations for workplace injuries in New York is 2 years, the statute of limitations for other personal injury lawsuits in New York is up to 3 years. After 3 years, the injured person forfeits the right to sue the at-fault party.
Can the statute of limitations be extended?
Courts of law usually do not extend the statute of limitations for even a single day after its expiration. You will need to keep in contact with your personal injury lawyer to avoid being caught off-guard.
The only way statute of limitations are extended or adjusted is in cases where an injured person is below 18 years or if your injuries showed up a period after the accident, and in few wrongful death claims. Law differs from state to state and also changes over time.
Personal injury statute of limitations Illinois
In Illinois, the statute of limitations for personal injury lawsuits is up to 2 years. If you are filing a wrongful death lawsuit, count from the exact day of death while for other injuries, the counting date is the day you realized you had injuries.
Just like in other states, the statute of limitations in Illinois is different for certain kinds of injuries and therefore you need to be alert not to miss out on your chance to file your claim. For instance, in Illinois, the statute of limitations for car accident personal injuries is different from injuries arising from medical malpractice.
Personal injury statute of limitations north Carolina
According to the North Carolina civil litigation blog, the majority of personal injuries in North Carolina have 3 years period as the statute of limitations. This may seem like a short period but you never know how fast time flies.
Conclusion.
how long you have to sue someone for personal injury, depends on the type of personal injuries you sustained and the statute of limitations in your state. The average statute of limitations in the USA is from 1-5 years. Your personal injury lawyer should guide you properly.
