What Is a Statute of Limitations?

In the context of legal proceedings related to personal injuries, a statute of limitations is the maximum amount of time that can elapse after an injury before filing a claim. For example, if the statute of limitations is two years, that would mean that you have two years to initiate the lawsuit, after which point your claim would no longer be considered valid. Essentially, the statute of limitations is the deadline for initiating the claim-filing process. The exact statute of limitations will vary depending on the situation and the state in which the event occurred.

 

Is There a Statute of Limitations on Personal Injury Claims?

All states have set statutes of limitations for personal injury lawsuits. Most states have set the statute of limitations for personal injury claims to two years after the date of the injury. However, in some states the statute of limitations can be as long as six years. Here’s a list showing the statute of limitations on personal injury claims in all 50 states:

  • Alabama – 2 years
  • Alaska – 2 years
  • Arizona – 2 years
  • Arkansas – 3 years
  • California – 2 years
  • Colorado – 2 years for standard personal injury claims (3 years for claims involving vehicle) accidents
  • Connecticut – 2 years
  • Delaware – 2 years
  • Florida – 4 years
  • Georgia – 2 years
  • Hawaii – 2 years
  • Idaho – 2 years
  • Illinois – 2 years
  • Indiana – 2 years
  • Idaho – 2 years
  • Kansas – 2 years
  • Kentucky – 1 year for standard personal injury claims (2 years for claims involving vehicle) accidents
  • Louisiana – 1 year
  • Maine – 6 years
  • Maryland – 3 years
  • Massachusetts – 3 years
  • Michigan – 3 years for standard personal injury claims (1 year for personal injury protection) claims
  • Minnesota – 2 years
  • Mississippi – 3 years
  • Missouri – 5 years
  • Montana – 3 years
  • Nebraska – 4 years
  • Nevada – 2 years
  • New Hampshire – 3 years
  • New Jersey – 2 years
  • New Mexico – 3 years
  • New York – 3 years
  • North Carolina – 3 years
  • North Dakota – 6 years
  • Ohio – 2 years
  • Oklahoma – 2 years
  • Oregon – 2 years
  • Pennsylvania – 2 years
  • Rhode Island – 3 years
  • South Carolina – 3 years
  • South Dakota – 3 years
  • Tennessee – 1 year
  • Texas – 2 years
  • Utah – 4 years
  • Vermont – 3 years
  • Virginia – 2 years
  • Washington – 3 years
  • West Virginia – 2 years
  • Wisconsin – 3 years
  • Wyoming – 4 years

As you can see, only three states have set their personal injury claim statute of limitations to less than two years. Louisiana and Tennessee are the only states that have set their statutes of limitations to one year for all kinds of personal injury claims. In California, Nevada, Texas, and most other states, the statute of limitations is set to two years for all kinds of personal injury lawsuits. Keep in mind that many states have shorter statute of limitations when you sue a governmental entity. Be sure to consult with a lawyer to confirm the statute of limitation on your case.

 

Is There a Statute of Limitations on Medical Malpractice Claims?

The law governing medical malpractice claims is slightly different because it is possible for some time to pass before the injury resulting from the malpractice is discovered. As a result, many states have set statute of limitations that may be based on the date of diagnosis instead of the date that actual the malpractice occurred. For example, in California a medical malpractice lawsuit must be filed one from the date that you knew or should have suspected the malpractice not to exceed three years from the date of the malpractice.

 

Is There a Statute of Limitations on Negligence Lawsuits?

Typically, the laws related to negligence lawsuits follow the same statute of limitations as personal injury claims. For example as personal injury claims are generally brought under a theory of negligence.  In California you have two years from the date of negligence to initiate a lawsuit against the negligent party. However, keep in mind that the longer you wait to initiate legal action, the greater the risk you have that the statute of limitations has expired.  Still, even if it has been one year and 11 months since the date of negligence, it is still worthwhile to pursue a lawsuit if you can prove that the other party was at fault.

 

Is There a Statute of Limitations on Wrongful Death Claims?

In most states, the statute of limitations for filing a wrongful death lawsuit follows the same general time frame as a typical personal injury lawsuit. That means the loved ones of the deceased, or the legal representatives they’ve elected, have two years (California) from the date of death to initiate a lawsuit against the allegedly responsible entities.

 

Is There a Statute of Limitations on Slip and Fall Claims?

As you might imagine, a slip and fall case falls under general personal injury claims, which means you’d have two years to file a claim in most states (see the list above for the exact statute of limitations in your state).

 

Is There a Statute of Limitations on Camp Lejeune Injury Claims?

Camp Lejeune represents a unique kind of personal injury case, so you might be wondering if the same statues of limitations apply to it since the event occurred across multiple decades from the mid-1950s to the late 1980s. Since the Camp Lejeune Justice Act (CLJA) was only passed in August of 2022, claimants have two years from the date the Act was passed to file a claim. That means the deadline for filing a lawsuit to obtain compensation for Camp Lejeune water contamination is August 10, 2024. Prior to the CLJA passing, residents of North Carolina and other states who had previously worked or lived at Camp Lejeune were not able to file claims against the government due to the state’s general three year statute of limitations on personal injury claims.

 

Still Not Sure If Too Much Time Has Passed Since Your Injury?

If you still have questions about whether you remain eligible to file a claim for compensation, try discussing your situation with a personal injury attorney during a free consultation. Call us at 877-557-4221 and let the brothers fight for you! It should only take 5-10 minutes or less to get a professional opinion on whether you should pursue a lawsuit based on a simple recollection of the events and a few questions about your supporting evidence and documentation.

5 Common Accidents In California

Accidents can and do occur in everyday life. Being a careful driver, wearing reflective clothing while bicycle, or waiting for the green light to cross the street as a pedestrian are all important ways to reduce your accident risk. However, it’s still too easy to endure the effects of a life altering injury.

Anyone who lives in California would probably not be surprised to learn that the most frequent causes of injuries are slip-and-fall accidents, automobile accidents, truck accidents, pedestrian accidents, and bicycle accidents. The most crucial thing to remember is that you must learn about your rights and take proactive measures to protect yourself and your future if you ever find yourself the victim of such an accident.

Truck Accidents

There are many other reasons why truck accidents might happen, including careless truck drivers, poor vehicle maintenance, and the inability of passenger automobiles to maneuver around larger vehicles. Among the most typical accidents kinds you could experience are listed below:
• Jackknife
• Wide turn collisions
• Truck rollovers
• T-bone accidents
• Tire blowout

If a truck accident has injured you, you must retain the services of a qualified attorney who can assist you in obtaining the money you want to cover your medical expenses, property damage, lost earnings, and emotional distress. Likewise, even if everyone is cooperative and you believe your injuries may be minor, you should consider calling the police and going to the hospital immediately.

Car Accidents

In California, there are hundreds of thousands of car collisions annually. Unfortunately, many car accidents are caused by drivers who are careless or reckless. To significantly reduce the danger of collisions, injuries, and fatalities, drivers must comprehend and steer clear of the most prevalent of these behaviors.
• By limiting a driver’s effective reaction time and ability to maintain control of their vehicle, speeding can increase the likelihood of collisions.
• Each year in California, hundreds of car accidents are caused by drivers under the influence of drugs or alcohol.
• One other accident-causing factor in California is driver distraction. Numerous still-legal distractions, like eating while driving, might increase the likelihood of a car accident.

Motorcycle Accidents

One of the riskiest modes of transportation is a motorcycle. Tragic accidents are more likely to happen to motorcycle riders. Hundreds of motorcycle accidents in California yearly result in injuries or fatalities. Some of the most common reasons for motorcycle accidents in California are the ones listed below:
• Head-On Vehicle Collisions
• Intoxication
• Lane Splitting
• Road Hazards

Speak with motorcycle injury lawyers. Everything will be handled by motorcycle injury lawyers, including gathering proof, speaking with witnesses, communicating with insurance providers, and presenting the case in court.

Train Accident

It is impossible to emphasize railway accidents’ emotional and financial toll on victims and their families. Despite the fatalities and demands for more safety, there will probably be more California train accidents in the coming days. The following list includes some of the most frequent causes:
• Negligent engineering
• Lack of sufficient training
• Equipment malfunction
• Extreme speed
• Inconsistent signals

A train accident lawyer who is well-versed in how California and federal law interact may be necessary for the sufferer. Regardless of your situation, train accident lawyers will vigorously defend your rights and work to get you the money you are due.

Pedestrian Accident

Since pedestrians use the roads, their safety is just as crucial as that of drivers and passengers. However, these mishaps can result in catastrophic injuries or the loss of precious lives. Here are a few of them to keep in mind whenever you set out on foot:
• Intoxicated drivers
• Walking during night-time
• Pedestrians not using the sidewalk
• Drivers making unsafe left turns
• Speeding drivers
• Distracted pedestrians

Get the necessary legal counsel from a personal injury attorney as soon as possible to avoid engaging in a pedestrian accident in California. Do not hesitate to contact Karns & Karns Personal Injury & Accident Attorneys if you or a loved one was injured in an accident. Our pedestrian accident lawyers have years of expertise in helping clients obtain the greatest compensation to cover their damages and injuries. Our injury attorneys will ensure that you receive the correct medical care for your injuries, provide outstanding legal counsel, and secure just compensation.

Let our award-winning attorneys at Karns & Karns Personal Injury & Accident Attorneys help you. Call us at 877-557-4221 today!