Last Updated on March 11, 2021 by Arina
Statute Of Limitations On Personal Injury Cases
Hello friends how are you all? Today we are going to talk about the Statute Of Limitations On Personal Injury Cases. Anyone who has suffered injuries in a car crash, slip and fall, bicycle accident, or any other form of the incident may have a claim to file. If the injuries were caused due to someone else negligence, then there remains only one way to get justice.
And that is filing a lawsuit to claim compensation. The claim has to be filed within the statute of limitations. Most of the people who have personal injury cases fail to pay attention to the statute of limitations. Thus, knowing the strict filing deadline for a personal injury lawsuit would help ensure you don’t limit your right to file a personal injury claim.
What Is the Statute Of Limitations?
This is termed as a prescriptive period or a maximum time set within which a legal proceeding should be initiated. When that time passes, then a plaintiff or a prosecutor may not be in a position to file a claim. And if a claim is filed, it may be subject to dismissal. The court is said to have no jurisdiction over cases whose filing time has elapsed. In civil lawsuits, the statute of limitations is determined by the cause of action or the legal theory under which a plaintiff files a suit. That’s why anyone who has issues with the statute of limitations concerning their personal injury case would consider seeking legal advice from an attorney in Anchorage. The specified time of filling can be reduced or extended for a fair trial. Statutes of limitations vary from state to state, and some states have no statute of limitations at all. The benefits of having the statute of limitations are to protect the defendant. There are other reasons why the time limit is useful. Examples include:
- Giving a plaintiff with a valid cause of action a reasonable time to pursue their claim with diligence.
- Without a time limit, either the plaintiff or the defendant may lose the evidence needed to approve or disapprove a claim.
- Litigations that take too long may breed out cruelty instead of justice.
What Is The Statute Of Limitations For Personal Injury Cases In Alaska
The time limit for a personal injury lawsuit differs in each state. In Alaska, the time limit is two years for personal injury cases such as slip and fall, or car accident cases. If you think you have a valid personal injury case, it’s better to have your lawsuit filed within the specified time, not unless there are issues rendering you incapable of filing.
If you want to file a personal injury lawsuit, you must be sure that the injury or loss was caused due to someone’s negligence. Your chance of getting the compensation you deserve depends on whether you have the right evidence and files the case within the specified time limit. Sometimes it’s not easy for the layman to know what to expect when it comes to filing. Some finer details require the help of an experienced lawyer. Some of these details include identifying the legal theories to base your evidence on, the court on which you are filing the case, among others.
Doctrines Employed To Extend The Statute Of Limitations
There are exceptions where you may have the deadline extended but in rare circumstances. Some of the personal injury claims where your deadline may be extended include:
- Car accident claims
- Slip and fall claims
- Medical malpractice claims
Subject to certain restrictions, the statute of limitations can be extended. Below are some definitions relevant to this doctrine:
- Common law discovery rule: This rule indicates that a statute of limitations doesn’t begin to run until the date the plaintiff discovers the injury or loss suffered. The date is different from when the wrongful act led to the injury.
- Equitable tolling: A statute of limitations may not bar the plaintiff from filing a claim even if there was the use of due diligence. The claimant never discovered the injury or loss until after the statute of limitations expired. For instance, running limitations may be tolled if the plaintiff was mentally incapacitated until the condition ends.
- Equitable estoppel: Under this rule, the court denies to grant a judgment if they believe there was fraudulent intent. The court presupposes that the claimant discovered the loss or injury but might have elongated the limitation period. Then the defendant took other steps to stop the claimant from filing a claim.
The application to the above exceptions may or may not apply to your case. In any case, you need someone conversant with the law first to evaluate the circumstances surrounding your case. If you have any questions concerning the statute of limitations and how it may apply to your specific case, don’t hesitate to talk to an experienced personal injury lawyer.