We usually think of accidents as events that happen out of our control. But sometimes, an accident that wasn’t your fault could have been prevented by someone else. For example, you could be involved in a car accident caused by a reckless driver. In that case, you could be the victim of serious injuries due to someone else’s negligence.
If you’ve been injured because of someone else’s negligence in Boca Raton, FL, you’re entitled to pursue a personal injury claim to get compensation. But the clock is ticking! You need to get clarity and act fast. Effectively claiming your legal protections and deserved compensation starts with understanding something called a statute of limitations.
What is a Statute of Limitations?
When you are injured due to someone else’s negligence, you’re protected by a statute of limitations. U.S. Legal defines a statute of limitations as a law which sets the maximum period of time which you can wait before filing a lawsuit. The time period depends on the type of case or claim, and varies by state. What’s essential to know is that if a lawsuit or claim is not filed before the statutory deadline, the right to sue or make a claim is lost forever.
How Much Time Do You Have to File Your Claim?
In most situations, the clock starts on your “date of harm,” according to Nolo. However, there is a significant exception to this rule. This exception exists to protect accident victims in situations
where they may not be aware that they were injured until months or even years after the “date of harm.” For example, many spinal injuries or traumatic brain injuries take some time to develop obvious symptoms. In situations like this, the statute of limitations may not start the clock ticking until the “date of discovery.” FindLaw defines the date of discovery as the moment when the plaintiff (the person filing suit) knew or should reasonably have known that they had suffered harm, and understood the nature of that harm.
Due to the delayed discovery of some injuries as discussed above, the statute of limitations clock can start ticking at three different times:
- The date of harm.
- The date on which the plaintiff reasonably should have discovered the harm.
- The date on which the plaintiff actually discovered the harm.
Because of the unique situation and complexity of every case, it’s highly advisable that you consult an experienced personal injury lawyer to define exactly how long you have to pursue a lawsuit, and what kind of lawsuit(s) you can pursue.
How Can You Get Justice Before Your Time is Up?
If you are the victim of a personal injury accident, or you know someone who is, you need to act fast! You deserve help from a personal injury attorney who cares about your rights and fully understands your case! Jeffrey A. Rosenberg will work tirelessly to achieve your best possible outcomes as quickly as possible. Don’t let the clock run out on your case! Get justice before it’s too late! Call (561) 508-8800 to get started or send us a message online.
5255 North Federal Highway, 3rd Floor
Boca Raton, FL 33487