As per the legal law “statute of limitations”, it is important to file a lawsuit that takes place as a result of injury or accident within a certain time period. Otherwise, the legal claim of the injured person would be barred and the legal right provided for him to sue will be lost. When it comes to the statute of limitations, each state has its own policies.
Therefore, it would be a wise idea to get in touch with a personal injury Pennsylvania lawyer before you file a lawsuit. This will assist you to get a clear understanding about the specific time duration allowed within your state. Usually, it ranges from one to six years, but it is always good to have a clear understanding about the exact figures.
You should also keep in mind that the allowed time limit depends on the type of claim in some states. For example, the cases associated with minors and defamation cases are provided with a longer time limit when compared to other cases. On the other hand, cases that are associated with medical malpractices have shorter time limits.
Usually the statute of limitations in a lawsuit associated with the injuries of a minor is not started until that person reaches 18 years of age. For example, if a person comes across a car accident on the 16th birthday, he/she will be provided with a three year statute of limitation in order to file a personal injury lawsuit.
Even though a certain time limit has been declared for the people to file a lawsuit for an injury or an accident as per statute of limitations, it does not begin until the moment that person starts to know about the damaging effect of the incident. This is known as the “Discovery of Harm” rule.
For example, imagine that the surgeon mistakenly leaves a bandage within your abdomen during a surgery. You will not know about it and you would continue with your usual lifestyle. But if you go through another surgery after a few years, you will get to know about this bandage. The statute of limitations time period starts at this point, where you discover the mistake that was done by the surgeon. Therefore, you don’t need to worry about the date where the previous surgery was performed.
It is always best to consult your personal injury Pennsylvania lawyer when it comes to filing Civil Injury Lawsuits. There are so many things that need to be taken into consideration surrounding these types of cases, and they understand all the laws within your state.
This article is designed for general information only. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such a time as an attorney-client relationship has been established. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.