A celebration can easily turn to tragedy whenever someone is injured while at a party. When such an injury occurs, many people resist filing a lawsuit because of the personal relationship they have with the party’s host. It’s important not to procrastinate too long, as there are statute of limitations on when a lawsuit may be brought.
Timeline for Filing
The timeline for filing a personal injury lawsuit is normally two years. This date is calculated from a day that is usually the earliest of:
- The date the injury occurred
- The date the injury was discovered, if harm was not immediately apparent
- Date on which a person should have discovered the injury
When determining when a person should have discovered an injury, the courts will consider a number of factors, including when symptoms became apparent and the nature of the accident. As such, filing a claim in a timely manner is especially important, because if a judge determines that someone should have discovered an injury before he or she actually did, this could effectively bar that claim forever.
Cases against the Government
The statute of limitations changes dramatically whenever a government entity is involved. The law is written in such a way that suing a government agency becomes especially difficult. The statute of limitations is typically as little as 60 days. In many cases, an initial claim must be filed with the agency first, and a hearing conducted in front of an Administrative Law Judge (ALJ). It is only after all possible administrative relief has been exhausted that a lawsuit can finally be filed. These cases can also take longer to litigate once they are introduced to the court system due to the enormous amount of “red tape” that accompanies them.
Exceptions for Minors
Parents may file lawsuits for damages on behalf of their minor children. When they fail to do this before the statute of limitations expire, minors are not necessarily barred from obtaining relief. The statute of limitations in these cases is extended, and begins to run on the victim’s 18th birthday. The claimant would then have an additional 24 months from that time to file for relief.
Generally speaking, the sooner a claim is filed, the better the odds of recovering damages are. Evidence may be destroyed or become unavailable after time, meaning that proving negligence could be somewhat difficult. By filing a claim early on, individuals can also ensure they are not prohibited from obtaining relief because the statute of limitations has already expired.
Start Your Case Today!
The sooner you begin your case, the better. That’s why you need to hire a personal injury attorney today! Schedule a free case evaluation today by calling 713-222-1222.