The law generally does not allow a person to pursue a claim after the limitation period expires unless there are special circumstances. The judge will determine if the case may proceed after this time limit has expired, and he or she may do so based on the factors, or when something else has come into play.
Problems with Statute of Limitations
A personal injury claim cannot be pursued after a state’s statute of limitations has expired. Claimants have a standard period of time to file claims against liable parties, such as firms or third parties.
Injuries victims frequently win settlements against insurance companies. Nonetheless, any litigation must be conducted within a set timeline. The legal process and the filing of a lawsuit usually take one to three years from the time of the injury. Nevertheless, some can persist for up to six years after the initial injury.
Ordinary Exemptions to the Statute of Limitations
A judge or the courts may extend the limitations period due to various exceptions in the case or events. One of these factors is child victims.
The deadline may be extended in some cases due to worsened circumstances. If the judge deems it necessary due to administrative issues or insufficient communication between the defending party and the judge, the time limit may be extended. Depending on the severity of the injury, this timescale may be slowed or extended based on its discovery.
Explaining the Discovery Rule
The statute of limitations typically does not begin until the injured party knows he or she has suffered bodily harm, so the victim of a personal injury may often extend the statute of limitations during the discovery period. During this stage, the personal injury claim becomes active with a predetermined time limit.
In some cases, this occurs when a patient is unaware of an illness because it is in a dormant state or does not manifest symptoms for months or years. Some symptoms may not appear for decades after the initial injury. There are a number of diseases that might result in a longer statute of limitations, such as inhaling a chemical that damages the lungs and is the cause of an internal problem that manifests later.
Injury to a Minor in the Incident
Most states permit a person who has been injured to reach the age of majority, which is eighteen before the statute of limitations on the lawsuit begins. Minors who are injured in accidents may be given the opportunity to file a claim at a later date if the state pauses the clock.
Individuals concerned could have to wait years before they can sue for personal injury. In several states, individuals can begin a case once a young person turns 20 years old.
Special Cases Relating to Individuals
The injured party may still sue even if the statute of limitations has expired. Special circumstances usually require a special civil case or specific circumstances within the case. It is possible for states to extend the duration of sexual assault or violence until the victim reaches 40 years old.
Added restrictions may be required if there are aggravating factors or a loss of life. Depending on the rules and criteria of the case, there may be components not included in a normal claim. If a victim has such difficulties, he or she may be required to explain them to the lawyer.
An Explanation of the Special Condition and the Legal Support
There may be instances where a victim’s specific condition could help extend the statute of limitations, and he or she will need to explain that situation to a lawyer and a judge in order to pursue compensation in a civil court.
Having legal assistance is necessary if you wish to pursue something beyond the deadline in a personal injury case. Siman Law Firm in Los Angeles can help you in explaining to the judge the unique rules governing the case and help the client obtain the maximum compensation for the harm caused.