October 25, 2011

Personal Injury - What Is the Statute of Limitation on Personal Injury Suits?

Imagine if you did something not very engaging a very long time ago, and person who was down on their luck decided to come after you for it. Well thankfully in our common law principles we have laws that have been embraced as rules, which are on the technical level called "statutes."

In this case, we have a law called model of limitations that states that there is a positive number of time that may pass until a suit cannot be brought against another person who committed either something that another part is not happy with or a crime.

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Why is there a time limit?

It is because as time passes evidence may disappear and witnesses forget as their memories fade, and there is more time to corrupt a case in one way or another. This also allows people to move on and not worry of what kind of things can come after them from the past.

Limitations of Time to File Suit for a Personal Injury

Each state has dissimilar time frames that the court acknowledges for Statute of Limitation on Personal Injury Suits.

1 Year Kentucky, Louisiana and Tennessee

2 Years Alabama, Alaska, Arizona, Arkansas (malpractice), California, Colorado, Delaware, Florida (medical malpractice), Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Nevada, New Jersey, New Mexico, New York ( 2.5 years for malpractice), N. Dakota (wrongful death), Ohio, Oklahoma, Oregon, Pennsylvania, S. Dakota (medial malpractice), Texas, Utah (wrongful death), Virginia and West Virginia.

3 Years Arkansas (libel or wrongful death), Dist of Columbia, Maryland, Montana, New Hampshire, New York, N. Carolina, Rhode Island, S. Carolina, S. Dakota, Vermont, Washington and Wisconsin.

4 Years Florida, Nebraska, Utah and Wyoming.

5 Years Missouri.

6 Years Maine and N. Dakota.

Personal Injury - What Is the Statute of Limitation on Personal Injury Suits?