Accidents happen, but they’re not always accidental. Sometimes, they happen due to someone else’s negligence or willful harm. In such cases, you are entitled to seek damages, mainly in the form of monetary compensation.

But what happens when you exceed the statute of limitations? Do you still have a chance to seek justice, or do you just forfeit it? This article will delve into the intricacies of personal injury cases, particularly around managing personal injury claims with a two-year deadline.

What Are Statutes of Limitations?

Statutes of limitations are laws that explicitly state how long you have to file a lawsuit against an individual or company. Once this period elapses, it is no longer possible to file a claim related to the alleged accident or event.

The court takes statutes of limitations very seriously. So, if you exceed the statutory deadline (the deadline stipulated in the statute of limitations) by a day or even a few hours, you can no longer file the claim.

There are two types of statutes of limitations – civil and criminal. Most statutes of limitations apply to civil cases, while most criminal cases don’t, with the exception of misdemeanors and petty crimes. For instance, the statute of limitations for misdemeanors in Phoenix, AZ, is one year, but criminal cases like homicides can be prosecuted at any time.

Statutes of limitations also vary by the court in which cases are filed. For instance, federal and state courts have different timelines for statutes of limitations. Their statutes also vary by state; thus the need to consult an attorney immediately after an accident so they can advise you on how much time you have.

What Is the Statute of Limitations for a Personal Injury Case?

States across the U.S. have unique laws pertaining to the statute of limitations for personal injury cases. However, there are several commonalities regarding different types of cases. For instance, most states have a three-year deadline for personal injury cases involving a truck, car, motorcycle, or any other type of vehicle.

However, all other personal injury claims have a two-year deadline for filing a personal injury claim. If you exceed this deadline, you may not be able to recover your damages. And just like claims involving a vehicle, there are several exceptions for personal injury claims that could extend your deadline.

The statute of limitations for different cases is as follows:

• Personal injury: Personal injury cases have a general limitation period of two years, with the exception of cases involving a vehicle.
• Wrongful death: Wrongful death claims have a general limitation period of two years. That said, the limitations period is extended to three years if the death resulted from the use or operation of a vehicle.
• Product liability: Product liability cases are brought about by injuries from a defective or dangerous product, medical device, or drug. Like personal injury cases, product liability cases have a limitations deadline of two years.
• Uninsured/underinsured motorist claim: Some insurance companies may underpay benefits or fail to pay them altogether. When this happens, you have three years to sue the company. Additionally, if you are involved in a car accident with an underinsured driver, you can sue the insurer or driver within two years for a settlement or judgment against the driver.
• Medical malpractice: Medical malpractice claims have a limitation period of two years from the moment the malpractice happened or was discovered by you.
• Criminal injury claims: Criminal injury claims apply to cases where you’ve been hurt in a violent crime. These cases are generally handled by the Criminal Injuries Compensation Authority (CICA), which sets a limitations deadline of two years after the incident occurred.

Are There Exceptions for Statutes of Limitations for Personal Injury Claims?

Depending on the case and the state in which it happened/filed, you may enjoy limitations exceptions for certain cases, including:

• Claims on behalf of children: Most statutes of limitations for personal injury claims don’t apply to children. They can be made at any point in the child’s life until they turn 18. Once they turn 18 and are legally considered an adult, they have three years to make the claim before they exceed the statute of limitations.
• Claims on behalf of people without the mental capacity to do so: There are no statutes of limitations for personal injury claims made on behalf of persons without the mental capacity to file the case themselves.
• Accidents on board ships: Cases of accidents on board ships like cruisers and ferries are treated like regular personal injury claims with a two-year statute of limitations. However, the clock starts from the moment you disembarked the ship. Similarly, any personal injury claim for an accident aboard a cargo ship has a two-year limitation period. But unlike with cruisers and ferries, the clock starts to tick from the date of injury.
• Accidents on international flights: Claims against accidents that happened on an international flight have a two-year limitation period. You can file a claim for any accident that occurred from the moment you went through passport control.
• Accidents on domestic flights: If you are involved in an accident aboard a domestic flight, you have two years to file a claim, so it’s not really an exception.
• Any illness or accident abroad: U.S. laws apply only within its borders. This means that any accident or illness that occurs abroad and might warrant a lawsuit has a statute of limitations dependent on the country’s laws.

What Happens When the Statute of Limitations Expires While Your Case Is Ongoing?

Some personal injury cases are complex and may drag on for years. But as long as you filed the claim within the two-year limitations period, the limitations won’t apply to your case.

The Bottom Line

Nothing hurts like having to forfeit damages just because you were late in filing a claim. That’s why it’s always advisable to seek legal assistance as soon as the accident or event happens. You should also keep up with state and federal laws for statutes of limitations for different cases. The statutes of limitations may be subject to change as a consequence of the recognition of new legal rights or adjustments to reflect evolving societal norms.

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