PERSONAL INJURY LAWSUITS - STATUTE OF LIMITATIONS - PowerPoint PPT Presentation

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PERSONAL INJURY LAWSUITS - STATUTE OF LIMITATIONS

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One issue that is crucial to understand in a personal injury lawsuit is the amount of time you have to file a lawsuit after you have been injured.In many States, an injured party has two years from the date of the injury to file a lawsuit in the state’s civil court system. This presentation will give you an overall idea regarding all these. – PowerPoint PPT presentation

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Title: PERSONAL INJURY LAWSUITS - STATUTE OF LIMITATIONS


1
PERSONAL INJURY LAWSUITS
- STATUTE OF LIMITATIONS
2
Statute of Limitations
  • One issue that is crucial to understand in a
    personal injury lawsuit is the amount of time you
    have to file a lawsuit after you have been
    injured
  • Every State imposes a time limit. This is
    generally called the Statute of Limitations

3
  • In many States, an injured party has two years
    from the date of the injury to file a lawsuit in
    the states civil court system
  • Its important to understand and adhere to this
    rule
  • You should file your lawsuit before this window
    closes
  • Because the court system will likely refuse to
    hear your case at any time in the future
  • And your right to compensation will be lost
    forever

4
EXCEPTIONAL CASES
  • FIRST CASE
  • When an accident or injury occurred, but the
    injured person doesnt identifies the person
    who did their, or doesnt realise the injury
  • In this case the time period begin when the
    person filing suit knew that they had suffered
    harm, and the nature of that harm

5
EXAMPLE
  • A classic example of this rule is a medical
    malpractice claim
  • In which a surgeon mistakenly leaves a medical
    tool in the abdomen of a patient, but the error
    is not discovered until years later
  • The statute of limitations would not begin to run
    until the day on which the first surgeon's
    mistake was "discovered" by the patient

6
  • SECOND CASE
  • Not every State has a two year window
  • This period can range from one year to up to six
    years

7
  • THIRD CASE
  • It is critical to understand that period can
    change depending on the type of case
  • EXAMPLE
  • Certain defamation cases and claims involving
    minors (persons under age 18) may be granted
    longer time limits
  • While medical malpractice statutes of limitations
    may grant shorter time limits

8
  • FOURTH CASE
  • Its critical to understand that this period can
    be changed depending on who caused your injury
  • EXAMPLE
  • If the injury case involves the potential
    liability of a government entity or employee
  • Usually cannot simply file a lawsuit against the
    government,Instead, you need to file a formal
    claim with the governmental unit that you believe
    may be responsible for causing your injury

9
CONCLUSION
  • If a person has severely injured in an accident,
    if his liabilities are not fair, then it is
    better to file the claim with the help of a
    registered Personal injury lawyer to settle the
    case within the statute of limitations

10
REFERENCE
  • http//thelawfirm.com/statute-of
    -limitations.html

11
THANK YOU!!!!
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