A car accident may be a devastating experience, leaving victims with medical bills, lost wages, and mental and physical scars. Accident victims need to pursue legal compensation in such a case.
However, knowing the statute of limitations is crucial since it limits how long you must file a lawsuit.
The following article will explore the relevance of the statute of limitations in vehicle accident claims and its effects on victims.
What Is The Statute Of Limitations?
The statute of limitations is a principle establishing a particular timeframe within which the individual involved in a specific incident, such as a car accident, must file a lawsuit or claim. It is a deadline to initiate legal proceedings against the guilty. The limitation can vary based on jurisdiction and the type of claim filed.
Purpose of Statute of Limitations
Time is everything, and it waits for no one; hence respecting time is paramount. According to the accident attorneys at Taxman Pollock Murray & Bekkerman, the main aim of this principle is to ensure timely legal proceedings, encourage prompt actions by all the parties involved, and ensure the evidence and witnesses are fresh to be investigated thoroughly.
Furthermore, the statute of limitation provides a sense of certainty and finality, relieving the burden off people about facing claims for events long gone. Moreover, sometimes it is also helpful in protecting defendants from unfair legal action.
Impact on Car Accident Incidents
Car accident victims need to file a lawsuit within the timeframe legalized by their state, and in most cases, it begins from the exact time the accident happened. The right to pursue compensation through the courts is often lost after the deadline. The statute of limitations might be raised as a defence by the defendant, leading to the case’s dismissal.
Factors Affecting the Statute of Limitations
The city, state, or country where the accident happened is crucial in determining the details of the statute of limitations, as different jurisdictions follow different courses of action. Specifically, you need to consult a knowledgeable local attorney who can guide you thoroughly.
Type of Claim
The clauses of the principle may differ based on the type of claim or incident. For instance, within a car crash, the statute of limitations can vary for filing a complaint for personal injuries compared to some property damage compensation.
Minor or Mentally Impaired Plaintiffs
If a minor or a person becomes mentally ill or hurt in an accident, the statute of limitations may extend or put off. Hence, this means that the statute of limitations may not run until the minor attains majority or the incapacitated individual recovers. These cases consider that some people may need more time to file a claim because of their situation.
Thus, understanding the statute of limitations is paramount for car accident victims pursuing legal recourse. Accident victims can safeguard their rights, collect the necessary evidence, and pursue compensation for their injuries and losses if they know the statute of limitations and seek legal counsel promptly.
It would help if you remembered that time is of utmost importance in auto accident cases, and being proactive can make a substantial difference in obtaining a favorable legal outcome.