In the midst of an injury, so much is going through your head and the things to do can get demanding and filing a lawsuit can end up up being further down the line. But, is it possible to leave things too late?
How Late Is Late?
The answer to question is, no one size fits all. The time frame is going to be different for each state as each state has its own statutes of limitations. It is important to know as well that even in that time frame, the period will change based on the type of lawsuit you are filing. It is very likely that a plaintiff with a personal injury claim for injuries such as broken limbs suffered on a job, will have a one year frame to file the lawsuit. This may not be the case with a plaintiff with a very different lawsuit such a breach of contract. Make sure to look at your state laws and proceed from there.Proceeding After Statute Of Limitations
Once you know the rules for statute of limitations for your case, determine when the clock starts ticking and proceed. The date when the injury occurred is when the clock starts ticking for your case. One thing to be aware of is that there is also the possibility that plaintiffs don't realize that they have been injured and when they do they can file a personal injury claim after that too. In general know these three things about how long you have to file:- When the harm occurs (date of harm)
- When you discovered later that you were harmed, a judge can determine this date in certain circumstances
- A later date when the plaintiff discovered the harm
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