No matter what the details of a personal injury incident may be, a clock starts ticking down immediately after the incident happens. When time is up, there won’t be any way for you to get any kind of compensation or justice for your injury. If you want to make sure that you actually have a chance at getting the compensation you’re entitled to for another negligent person’s contribution to your injuries, then you need to make sure that you don’t ever put off contacting the authorities and contacting an attorney after an accident.
Definition of the Statute of Limitiations
Put simply, the statute of limitations is the maximum amount of time that you are federally allowed to file a lawsuit for something immediately after it has been done. There are virtually no forms of leeway applied to the statute of limitations, meaning that failing to file charges in time will leave you without a case no matter how guilty the other party may be.
The exact statute of limitations that you have to abide by depends on the regulations of the state. Some states have a statute of limitations that is three years long, meaning that there are exactly three years after the day of the incident for the claimant to seek justice.
Some cases may have a statute of limitations as short as a single year while other cases could easily have a statute that extends beyond 5 years. There
In almost every case, the statute of limitations is an absolutely non-negotiable factor. There are almost no alternatives to honoring the absolute authority of the statute of limitations in closing off the possibility of a case, but in some of rarest situations of all, there might be merit considered for an extension.
The possibility of a statute of limitations extension will only apply to the kinds of crimes with such significant degree of heinousness that they’re considered impossible to wave under any circumstances; these would generally be acts that harm or kill thousands of people.
A possible exception
The one particular situation that might create an opportunity for exceptions to the statute of limitations is when the person who sustained their injuries did not immediately realize that they had been hurt. If the injured person did not become aware of their injuries until a later date, then the statute of limitations might be arranged as beginning on the day of their discovery of the injuries rather than the day said injuries were acquired. The establishment of the time that injuries were discovered as the start of the statute of limitations is known as the “Discovery Rule”.
Providing compelling evidence
As with most aspects of personal injury claim case proceedings, there needs to be more than a satisfactory presentation of evidence that points to the alleged date of discovery truly being when the claimant recognized their condition. The best and likely only effective way to provide some credibility in the claim that you discovered an injury on a specific date is to have medical records corroborating both your story and confirming the existence of an injury that has progressed for a certain period of time.
One of the main forms of defense that will likely be brought up in an claim against an insurance company where the statute of limitations has passed will be one that questions why you waited to take action. The defense will imply that your level of suffering caused by the accident isn’t quite as significant as you claim if you didn’t feel compelled to report it right away; when this happens, both you and your NYC personal injury laywer will very much appreciate having dated medical examiners’ notes to reference.
The Discovery Rule isn’t applicable in the courts of every state, and so it would be wise for claimants to research whether or not they’re covered by such a legal protecting in the first place. As a failsafe, any NYC personal injury attorney worth their certification would implore you to seek out medical attention and legal representation as swiftly as possible following any kind heavy impact accident whatsoever.