When one person suffers an injury due to the negligent actions of another, the injured party may be entitled to file a personal injury lawsuit to claim compensation for their injuries. These lawsuits always have a statute of limitations placed on them. This refers to the amount of time the injured party has to legally file a lawsuit.
The statute of limitations helps preserve evidence that could be lost over time. For instance, if there was an eyewitness to a car accident, their testimony could be evidence. If an extended amount of time passed between the car accident and the lawsuit however, the witness could begin to forget details, which could be detrimental to either party’s case.
However, the length of the statute of limitations depends on what type of personal injury claim a person is filing and who they are filing it against. A personal injury lawyer can answer any questions regarding the Cumberland County statute of limitations for your injury claim.
Statute of Limitations for Personal Injuries in Cumberland County
Most personal injury lawsuits in Cumberland County have a statute of limitations of two years. That statute begins at the time of the accident, the day the injury occurred, or the day in which the injured party should have reasonably known they sustained an injury. In most car accident cases, for example, the two-year statute of limitations begins two years from the date of the accident.
How Long Does Someone Have to File a Medical Malpractice Claim?
Medical malpractice cases, another type of personal injury claim, also have a two-year statute of limitations. These cases can be complicated, however, as the malpractice is not always immediately apparent. Because of this, while obvious errors will have a statute of limitations of two years from the day the malpractice occurred, others may not.
For instance, people often visit their doctor for suspicious-looking moles. If a doctor was to send a person away telling them that it looked fine and the patient later found out it was cancerous, they may have a medical malpractice claim. If the mole was removed or treated earlier, the cancer may not have spread.
In this instance, the statute of limitations of two years may begin the day the patient discovered the mole was cancerous, as they had no reasonable way of knowing that it was dangerous prior to that date.
Limitations When Filing a Wrongful Death Claim
An estate can file wrongful death personal injury claims when a person passes away due to another’s negligence. The statute of limitations for these types of claims is two years from the date of death. However, if the estate is also seeking compensation for the pain and suffering experienced by the deceased before their death, this claim needs to begin within two years of the pain and suffering, which would be before the death occurred.
Claims Against the Government
It is important to note that while these statutes of limitations apply to most personal injury claims, they do not apply to all. This is because those statutes change when the defendant being sued is a government entity. In this type of case, a person must file a notice of claim with the entity within 90 days.
Speak with an Experienced Personal Injury Attorney Today
Although they all differ, and some have exceptions, every personal injury lawsuit has a statute of limitations. If a person does not file the lawsuit within that timeframe, the court may dismiss the case.
A Cumberland County personal injury lawyer can advise those wishing to file a lawsuit on what the statute of limitations is for their specific case. Call today for a free consultation.