| The
Statute Of Limitations
One
of the first questions that must be answered before filing an
automobile accident claim is the question of whether the claim
is beyond the statute of limitations.
The statute of limitations is the time period that the law
allows for asserting a claim. If a claim is not brought within
the time period allowed by the statute of limitations, it
will be barred. This means that even if you have a clear cut
case against someone arising out of an automobile accident,
the court will dismiss your claim if you do not file it within
the time period allowed by the statute of limitations. Once
a claim is barred by the statute of limitations, there is
no chance of resurrecting it.
The idea behind imposing a statute of limitations for bringing
claims is to prevent stale or old claims from hanging over
the head of a business or person indefinitely. Also, as time
passes, evidence is harder to gather, witnesses disappear
or die and documents get destroyed. Thus, it would make the
defense of claims difficult if not impossible if a claim could
be brought for an automobile accident which occurred 10 years
ago.
Different states may refer to the statute of limitations
periods using different words. For instance, in Louisiana,
the statute of limitations is call the prescriptive period.
If a case is prescribed, it is beyond the statute of limitations.
The statute of limitations differs from state to state and
from claim to claim. A claim for breach of contract is usually
afforded a longer statute of limitations than a claim for
personal injuries. Some states like Louisiana have very short
statute of limitations periods. In Louisiana, a person suffering
personal injury will have one year from the date of injury
to pursue a personal injury or wrongful death claim. If a
claim is not instituted within this time period, it is barred
by prescription.
In Texas, Alabama, and Georgia, automobile accident claims
must be brought within 2 years from the date of the accident.
Florida has a 4 year statute of limitations for automobile
claims. Mississippi has a 3 year statute of limitations as
does Maryland, Massachusetts, Michigan and North Carolina.
These time periods are changed every so often. You should
check with a lawyer in your state to determine the applicable
statute of limitations for your claim.
The law also recognizes that there are instances where a
person could not have brought a claim within the statute of
limitations because they were not aware that a claim existed
or some other legally recognized circumstance occurred An
example of this might be where a sponge was left inside someone
by a physician during surgery and the patient does not discover
this fact until more than a two years later.
Accordingly, the law has created certain legal doctrines
that may be used to suspend or interrupt the running of the
applicable time limitations. These doctrines vary from jurisdiction
to jurisdiction. There are some exceptions to this general
rule and an attorney should be consulted to advise you on
the facts and circumstances of your particular situation.
Not knowing the specific time period in which to bring a
claim is not an excuse. For these reasons, it is important
to determine at the beginning of the review whether there
is a potential problem with prescription.
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