If we are strictly abiding by the dictionary, then the expression ‘Statute Of Limitations’ would define itself as the length of time in which the parties to a potential lawsuit can initiate legal action before the dispute in question is considered too old to be litigated.
A simpler approach to understanding this expression is that it is a piece of legislation that specifies how much time has passed since a civil or criminal crime occurred before legal action must be taken. The statute of limitations, or the amount of time a victim has to file a lawsuit against a defendant in a criminal case, might differ by jurisdiction and type of crime.
In this blog, we will be covering the statute of limitations that wraps up the whole personal injury claim section and would also learn about the importance of hiring a personal injury lawyer in Los Angeles.
Get A Free Case Consultation Now
What Is The Need For A Statute Of Limitations?
There are numerous justifications for the existence of the statute of limitations.
Evidence might be destroyed, and recollections can become less vivid with the passage of time. The limitation period guarantees that claims are brought within the appropriate time frame while ensuring that all parties concerned have access to the necessary facts to either support their charges or establish defenses against them.
It is simply not regarded fair for individuals to perpetually face the possibility of facing litigation for events that occurred many decades ago.
People are able to put the past behind them and move on with their lives thanks to the statute of limitations, which removes the possibility of future legal trouble from their minds.
Your legal claim must be submitted before the deadline that is established by the statute of limitations. It varies from state to state, but it’s typically between two and four years.
Your right to compensation will be forfeited if you do not initiate legal action within the time period specified by the statute of limitations. You won’t have the ability to file a lawsuit, which means that you won’t be able to get compensated for the damages that you’ve incurred.
Common Legal Disputes That Are Governed By The Statute Of Limitations
Most cases have strict deadlines by which they must be filed. When a case’s statute of limitations “runs out,” the plaintiff typically loses their right to sue in court.
The statute of limitations for bringing a lawsuit varies widely from one type of claim to another. Time limits for filing certain sorts of lawsuits are as follows-
1.Personal Injuries
There is a two-year statute of limitations on claims involving injuries to persons. One year following the date the damage was found, if it was not immediately discovered.
Note: It is never possible for a victim to know about legal proceedings. So, to stay updated, hiring a personal injury lawyer in Los Angeles is necessary.
2.Written Contract Breach
A period of four years since the initial occurrence of the breach of a written contract.
-
Oral contract breach
-
Damages to property
-
Lawsuits filed against the government
Two years since the date of the breach of an oral agreement.
Damage to property is covered for three years following the date of the incident.
Claims must be submitted to the agency no later than 6 months or a year after the incident.
Common Personal Injury Claims
Now let us look at some of the common personal injury claims that are guided by the statute of limitations
-
Road accidents
Automobile collisions are the leading cause of personal injury claims. Any road user, including motorists, cyclists, motorcyclists, passengers, and pedestrians, can file a claim. All drivers have a legal obligation to exercise reasonable care when operating a motor vehicle on public roads, and you have a valid claim if you demonstrate that the driver who injured you violated this duty of care and caused your injuries.
-
Improper medical care
- Accidental or delayed diagnosis of an acute illness
- Incorrect interpretation of test results
- Unreported fractures
- Botched deliveries
- Administration of the incorrect medication
- Botched surgeries and
- Inadequate follow-up treatment results in new infestations or intensification of an existing ailment.
There are many potential sources of medical negligence lawsuits.
In cases of medical negligence, the burden of proof is slightly altered. A healthcare provider is negligent if they fail to act in compliance with a procedure that is considered reasonable by a reputable body of doctors.
Hence, these are some of the most common personal injury claims which are accounted for by the statute of limitations. And being experts in this field, only professionals like a personal injury lawyer in Los Angeles would be able to comprehend and make a victim get the compensation he/ she deserves.
