The details on the statute of limitations differ from state to state. One detail gives the deadline for filing a personal injury lawsuit.
Who should pay attention to the deadline, as stated in the statute of limitations?
Anyone that has been injured in an accident ought to make note of that deadline. That gives the amount of time that can pass, before the same victim has lost the right to file a personal injury lawsuit, with the help of Personal Injury Lawyer in Fort Erie.
• When does the clock start for that particular period of time? It starts when the injury occurred, or when the victim became aware of the injury.
• What happens if the plaintiff misses the deadline? In that case, the plaintiff’s case gets dismissed.
What is the advantage that is linked to notifying a responsible party about intent to file a personal injury lawsuit?
That gives the filer the option of taking the case to court. Before the case goes to court, the person that has filed for the lawsuit enjoys a greater level of leverage, during any period of negotiations.
Are there any times when the deadline for filing can be extended?
Yes, there are times when the court agrees to extend that deadline. The most common one arises when the injured victim is less than 18 years of age. At that point, the court could extend the deadline to 2 years after the youthful victim has reached the age of 18. The parents of an injured child should make note of that provision, regarding an extension of the deadline for filing. It can take time for a parent to recognize emergence in a child of behaviors that signal the existence of a hidden injury.
Those signals should act like a warning. Each of them warns about the need to hold-off on seeking a settlement, and signing a release form. A signed release frees an insurance company of responsibility for covering the medical expenses, if a new disorder or some complication were to arise.
Moreover, a new disorder or a complication could reduce the number of opportunities that the injured youth have for earning a living. A good lawyer should be able to capitalize on the obvious reduction in the plaintiff’s earning opportunities.
Reduced earning power qualifies as a loss. The insurance company of the responsible party should be asked to cover that loss. Yet, the court cannot make that request, if the plaintiff has failed to file for a personal injury lawsuit prior to the deadline, as stated in the statute of limitations. If an adult misses the deadline, then he or she must deal with the consequences. But when an injured child’s parents overlook a deadline, then the injured child must deal with the consequences.