In this interview Attorney Joseph Taraska discusses the important question of whether there is a time limit to bring a personal injury claim.
Mr. Taraska wishes to make it clear that such time limits do in fact exist throughout the United States. If a claim is not made properly within the time allowed by law the injured person may be forever barred from making a claim for compensation. Attorney Taraska notes that these time limits are generally known as “Statutes of Limitation”. Historically they date back to Roman and Classical Greek Law and can today be found in both civil and criminal cases throughout the United States. Today Attorney joseph Taraska will discuss the purpose and effect of such laws in state civil cases for personal injury compensation.
At first blush, it may seem unfair to an injured person that such time limits do exist. However, Joe Taraska points out that they were enacted to find a balance between the rights of the injured person and the individual or entity that caused the injury. State and Federal legislatures that have enacted these laws have felt that compensation cases should be brought without undue delay. Otherwise, an individual who caused an injury may find themselves facing a claim long after the event when witness and documentary evidence is no longer available or no longer credible. On the other hand, the time limits must be long enough to allow the injured person a fair opportunity to understand the nature of their injury and the fact that it may have been caused by negligence. As noted by Attorney Joseph Taraska, it is a balancing of interests in an attempt to protect everyone’s right to a fair resolution.
What this means for an injured party is that they should not wait to seek legal advice if they suspect they have been injured by the fault of another! As you will see the laws of each state vary and they can be difficult to understand. Legal analysis by a qualified attorney can be essential.
Although the time limits vary for different types of cases and in different states within which you must file your case with the appropriate court, Attorney joseph Taraska notes that there are general principles that apply in many states.
First, is the question of when the time limit begins to run. Joe Taraska states that some Statutes of Limitations-time limits- begin with the day of the incident while others begin when an individual discovers their injury and has a reasonable suspicion that it may have been caused by someone’s fault. For example, in some states, the time limit for a medical malpractice claim starts to run when the injured person understands they have been injured and that a care provider may have been negligent. The time then runs for some time—in some states 2 years. However, the state may have also enacted what is known as a “Statute of Repose” which sets an absolute time limit starting when the incident occurred regardless of when discovered. So, for example, as noted by Attorney Taraska, if the injury is not discovered for 6 years but the Statute of Repose is 4 years the injured party may possibly be barred from bringing a claim.
Second, is the amount of time one has to file their claim with the Courts once the time limit starts. As noted, this varies by type of case and state. Attorney Joseph Taraska notes that some states have enacted exceptions that allow for the extension of the time limits under certain circumstances. Mr. Taraska notes that one of the most important involves children. In some states, the absolute time limit—Statute of Repose is extended until a child reaches a certain age. This is done both because many childhood injuries may not be apparent until later and because a child should not be arbitrarily deprived of its rights too early following an injury. Another common extension occurs when fraud is involved. When an individual or entity has intentionally hidden relevant facts such as the nature of the injury from the injured party the time limits may be extended to allow the injured person a fair opportunity to discover the nature of the claim. A third common extension occurs when what is known as a continuous tort has occurred. Attorney Joe Taraska notes that these are generally continuing negligent acts which occur over some time. For example, if a patient is seeking medical care for the same injury and a negligent act continues on each visit or when a toxic substance is continuously released. In these circumstances, depending on the state law the time limits may be extended from the first act. There are several other such extensions depending on the state and circumstance.
Third, and of utmost importance as noted by Attorney Joe Taraska is what act an injured person must take to stop the running of the time limits. Once stopped appropriately, it is generally not necessary to complete the claim within a time limit as the court where the claim was filed will set new guidelines as to how the matter will progress. In many states, the act required is the filing of a lawsuit in an appropriate court. However, some state legislatures have enacted other provisions which if taken timely stop the running of the Statute of Limitations for certain types of negligence. For example, in medical negligence cases, some legislatures have enacted pre-suit requirements which must be fulfilled before a claim can be made in Court. Once you appropriately follow this pursuit requirement the time limits stop running unless otherwise set out in the statute. Similarly, in many states, an action against a governmental entity must be commenced with the filing of an administrative claim. If done appropriately this will stop or toll the running of the time limits.
As is apparent, the time limits for bringing a claim for personal injury are complex and often require legal analysis of your circumstance and the state laws. This interview by Attorney Joseph Taraska is not meant to convey legal advice, cover each state law or every circumstance but rather to point out the necessity to proceed with timely diligence if you suspect another person or entity has caused you harm and seek legal advice to understand the time limits for your circumstance.
