Statute of Limitations
A law establishing the time limit within which a lawsuit must be brought is called a statute of limitation. Different types of cases have different statutes of limitation. Knowing which statute of limitation applies is critical, since if a lawsuit is not brought within the time limit that applies to the case, the right to sue and recover damages is forever lost. The statute of limitations for a personal injury lawsuit is usually relatively short, ranging from as brief as six months to up to two years in most cases, subject to a number of factors. It is critical that you contact an attomey immediately after suffering any injury so that the appropriate statute of limitations can be determined. You may have less than six months to file a Notice Of Claim from the date of the incident which led to your injuries. At Richard T.Marshall, we make sure to explore all aspects of your case as soon as possible to ensure that no claims are lost as a result of untimely action.
The Discovery Rule
Measuring the statute of limitations for a particular situation can be a complex issue. The time usually begins “to run” at the time the injury occurs, however, if a person suffers a hidden injury, the discovery rule may apply. Under the discovery rule, the time begins to run from when the person who is injured knew, or by the exercise of reasonable diligence should have known, that he or she was injured. Thediscovery rule is commonly applied in cases involving exposure to toxic substances such as asbestos. In such cases, an injured victimnormally does not manifest symptoms of injury until well after damaging exposure occurred. Obviously, such is not normally the case in situations involving motor vehicle ollisions and other accidents, where injuries are generally immediately apparent.
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