If you’ve been injured by someone else, there’s a chance that you’re entitled to damages from them in the form of
- Compensation for your medical bills
- Lost wages
- Pain and suffering
The amount of time you have to sue someone for personal injury varies by state. We’ll cover some basic guidelines here and tell you what to do if there’s not much time left on the clock.
How to Start a Personal Injury Lawsuit?
To start a personal injury lawsuit, injured parties must work with a personal injury attorney. They help to create and file a formal lawsuit in civil court.
After filing a complaint, the parties should request that the court clerk issue a subpoena to serve the defendant. The person in charge of the process gives the defendant and his insurance provider a copy of the claim. In this way they are inform of the accusations against him.
Since the defendant must be serve personally. It can take several days or even weeks to complete the service of the claim. While it is relatively easy to notify insurance companies, defendants can intentionally avoid being served on the complaint.
When served, the defendant must file an answer, usually an answer or a counterclaim, “before 10:00 am on the Monday following the expiration of 20 days after the date of service.” If the defendant does not file an answering statement within the prescribed time, the plaintiff may file a motion for a default judgment.
What is a Statute of Limitations?
The time limit within which a right of action must be asserted. For example, in most states, there is a statute of limitations for filing personal injury lawsuits. This means that after an accident occurs, you have so many months or years in which to file your claim.
If you miss that deadline, then you’re out of luck. No matter how much evidence proves that the other party was at fault.
Your personal injury attorney will help you assess whether you’ve missed your chance at compensation. You should contact a personal injury attorney immediately if there is any doubt.
Role of Personal Injury Attorney
How long do you have to sue someone for personal injury depends on many factors? But no matter what, if you think you might be able to get some money out of your injuries. In such case you should consult with a personal injury attorney.
They will be able to tell you if your case is strong enough. They explain how long it will take before they can get started. If they don’t think it is worth their time. They will tell you that too, saving you both time and money.
Even if there is no money in it for them (like when dealing with an insurance company). An experienced personal injury attorney knows how long every step of the process takes. They help their clients them to advise their clients of any delays up front.
What is a Statute of Limitations in Personal Injury Lawsuits?
When it comes to personal injury lawsuits, each state has a statute of limitations that determines how long you have to file a claim. The clock begins ticking as soon as an accident occurs, and can run out before you even know you need a personal injury attorney.
A good way to avoid letting your rights slip away is getting in touch with a knowledgeable personal injury attorney as soon as possible after an accident, even if it’s just over the phone; that way, if there’s a problem later on (say with insurance payments), your lawyer will already be familiar with your case and able to move forward quickly.
When Should I File My Personal Injury Lawsuit
Personal injury law is a pretty broad area of practice, and there’s no single way to know when you should file a lawsuit.
That said, most personal injury lawsuits will be based on a statute of limitations. In legal terms, a statute of limitations is a time period that begins when your case accrues.
The clock starts ticking from the moment your accident happened or your case becomes legally viable—whichever happens first. If you don’t file before time runs out, you could lose any chance at compensation from an insurance company or other defendant who injured you or someone close to you.
Evidence Necessary to Prove Your Personal Injury Claim
The statute of limitations is a time limit that limits how long you have to bring a case. If you don’t file your personal injury claim before that deadline, then there’s simply no point in filing at all because it will be thrown out of court as time-barred.
All states have different statute of limitations on personal injury claims.
In California, victims of negligence only have two years from when they were injured or from when they should reasonably have been aware of their injury, whichever comes first, to file a lawsuit.
So if you’ve suffered a serious shoulder injury and you want compensation for medical bills and pain and suffering, then talk with a personal injury attorney as soon as possible.
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