Statute of Limitations For Personal Injury Claims

By Corky Kilkenny


Like most other civil litigation, claimants must bring personal injury claims to court inside of a set period of time, often referred to as the statute of limitations. This time limitation varies from state to state. The reason for this deadline is the same in all states however. Courts balance the interests of both sides of a lawsuit. By requiring a case filing in a timely manner, the court is protecting the defendant's interest to a fair trial. Testimony and evidence tends to deteriorate as time goes by. The statute protects the defendant from this degraded evidence. It also protects the plaintiff in the same way since the time delay may damage their case as well.

The National Transportation Safety Board has conducted studies, which concluded driver fatigue could be significantly implicated in up to 20% of all large truck accident fatalities and 7% of all accidents involving both fatalities and injuries. In fact, one-third of drivers questioned in a survey admitted they had fallen asleep at the wheel in the last 12 months. Research shows driver fatigue is most notable between 2 am and 6 am, followed by mid-afternoon. Drivers are under constant pressure to meet delivery deadlines and profit margins can be quite slim, thus forcing drivers to continue driving when fatigued.

As stated before, individual states have set their own limitations. If you are injured, it is in your best interests to find out what the limitations in your state are. Do not use another states information since it will not apply in yours.

For example, Tennessee is tight on their time lines. They require claims be filed within a year of the incident. The time is even less for slander or libel. That limit is six months. On the other end of the spectrum is North Dakota, which gives six years for claims of personal injury. The exceptions are two years for slander or libel or in the case of wrongful death. Texas 18 Wheeler Attorney.

Do not delay if you sustain injuries due to the fault or negligence of another. The statute of limitations begins ticking immediately. Consulting an attorney may be in your best interest. At the very least, take time to do research on your own and find out what your options are. Delays are in the interest of the parties that injured you, not yours.




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