The Role of the Statute of Limitations in a Personal Injury Case

26 Jul 2010


Posted by Norman

A person who is looking to file a Personal Injury lawsuit will need to file the suit as soon as possible after an injury has been suffered. This is because of an enactment known as the Statute of Limitations which varies by state.

The Statute of Limitations refers to the amount of time that a person has to file a personal injury lawsuit after an accident has occurred. This is a period of time that commences from the moment of the accident that caused an injury and ends at the point where the statute of limitations expires. The reason for the Statute of Limitations is to ensure that plenty of data and information can be gathered and provided in a personal injury case, while still remaining valid and useful. A case that is presented long after the injury has occurred may not be worthwhile to a court due to the fact that the evidence may become obsolete or outdated.

The amount of time that is involved in a statute of limitations varies by state. For example, the statute of limitations for a personal injury case is two years in Alabama, Hawaii, Indiana, Minnesota and Ohio. However, it lasts for only one year in Kentucky and Louisiana. It can last for a longer period of time in many states as well.

The type of Personal Injury accident that took place can also determine the length of the statute of limitations. For example, in North Carolina the statute of limitations lasts for three years. But the statute will last only two years in cases of a wrongful death and only one year in cases involving libel or slander.

For more on making a personal injury claim, please see our Personal Injury Article section and our Making a Personal Injury claim" section