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.

What to Say to Your Insurance Company After a Car or Semi-Truck Accident

After being involved in a car accident, you might experience a whirlwind of emotions and it can be quite terrifying. Even if you are lucky enough to not be seriously hurt, the stress, worry and anxiety after a car accident feels awful, and could lead you to act or speak in a way that might compromise your best interests when it comes to your case.

In fact, your insurance company or that of the other driver might be waiting for you to say the wrong thing. For example, apologizing at the scene might feel natural to you if the other driver has been hurt or their car is wrecked. But while you might be saying sorry just to be nice, insurance companies might take this as an admission of fault and hold you liable for the accident, even if you weren’t at fault.

 

What to Say to the Insurance Company After an Accident

You will likely get a call from the claim adjuster from your insurance company around a few days after the accident, in which they will want to get more information on the details of what happened. It’s important to bear in mind that insurance companies are looking out for themselves rather than you. Because of this, you need to be prepared for them to be looking out for any reasons to reduce your payout as much as they can. The best way to avoid giving them anything to use to do this is to say nothing at all and hire an experience personal injury attorney.  If you find that you must provide a statement keep your conversation as short and to the point as possible. Some tips to keep in mind include:

Give General Information

When speaking to your insurance company, you are only obligated to provide general or basic details about the accident. This includes personal information about yourself such as your name, the type of car you were driving when the accident happened, the other cars involved, the names of other people involved in the accident, where the accident happened, when it happened, and information on the other driver’s insurance company.

 

Don’t Provide a Recorded Statement

You are not under any legal obligation to provide a recorded statement to your insurance company. It is important to avoid recording a final verbal statement, without consulting a good car accident or personal injury lawyer beforehand, who can help you do this in a way that is in the best interests of your case.

 

Don’t Be Too Specific

Even if you have got medical attention after being involved in the accident and are aware of the extent of your injuries, it is important to avoid giving a detailed description of them or providing a final statement regarding your injuries to the insurance company. This is because after a car crash, injuries may appear later down the line, especially if you have internal injuries that are not always obvious. Along with this, there is also the risk of your current injuries escalating into something more serious.

 

What You Should Never Say After a Car Accident

Whether you are talking to the insurance company, the other driver involved, or witnesses at the scene, it’s important to choose your words carefully after a car accident. The vocabulary that you use could lead to problems with your case after a car accident, even if you said them innocently or meaning well. Some things that you should always avoid saying after a car accident include:

Sorry

Even if you are simply the type of person who apologizes a lot and you feel bad for the other driver involved, apologizing to them is always a bad idea. Even if you think that you might be at fault for the accident, don’t say sorry to the other driver. This is because any witnesses to the interaction might see this as an admission of guilt or taking responsibility for the accident.

 

That You Don’t Have an Attorney

If you are contacted by your insurance company before you have had the chance to get in touch with us here at Karns & Karns Personal Injury & Accident Attorneys, the last thing you should do is admit to them that you don’t have a lawyer yet. If your insurance company knows that you do not have any legal representation, they might try to reduce your compensation. For example, they may offer a quick settlement, which will typically be significantly lower than the amount you could have received.

 

Let’s Handle It Ourselves

You should always tell your insurance company about any car accidents that you are involved in. It’s not uncommon if you have a minor crash that only causes a little bit of damage to your car, and has not led to any serious injuries, to consider simply not telling your insurance company about it, getting the cars fixed and getting on with your life. However, it’s important to resist the urge to avoid reporting a car accident, especially if it was only a fender bender. The truth is that you may be due compensation for any crash, and not reporting a car accident to your insurance company will only make it harder to receive the payout you are owed.

If you’ve been involved in a car crash, then it’s important to carefully choose the words you use at the scene and when talking to your insurance company. Get in touch with our experienced lawyers today if you need advice on what to say. Call us at 877-557-4221.

Were You Attacked by a Dog?

Approximately 4.5 million Americans are injured as a result of dog bites and dog attacks each year. Children are amongst the most vulnerable groups of individuals to be seriously or permanently injured by dogs. The majority of dog bites are typically caused by a neighbor or a friend’s dog.

If you or a loved one was injured by a dog bite or dog attack, you should immediately consult the experienced Southern California dog bite lawyers at Karns & Karns Personal Injury & Accident Attorneys to determine whether you are entitled to monetary compensation. Our legal team will aggressively fight for the settlement that you deserve and will help you get through this difficult period.

For a Free Dog Bite Consultation, Call 877-557-4221.

 

California Dog Bite

Under California Civil Code Section 3342, otherwise known as the Dog Bite Statute, a dog owner is strictly liable for any injuries caused by his or her dog. This means that the dog owner does not need to have knowledge of his or her dog’s dangerous propensities. They are simply liable for the dog’s actions, even if it is the first time the dog has attacked.

Dog bites and dog attacks can have physical, emotional, and financial consequences on all aspects of your life. Our Southern California dog bite attorneys have the knowledge of the law and are prepared to fight for your legal rights.

 

What To Do After a Dog Bite or Dog Attack

If you or a loved one is attacked or bitten by a dog, you need to take certain important actions to protect your legal rights. Our attorneys have outlined some of the more important steps that you need to take, including:

  • Identify the dog that bit you.
  • Identify the dog’s owner. Obtain the owner’s information, including name, address, and telephone number.
  • Get the name, address, and telephone number of any witnesses to the attack. Generally, dog owners will deny an attack or a bite, fearing that their dog might be taken away or put to sleep. In such cases, a witness statement or testimony will be imperative in getting you the compensation that you deserve.
  • Contact Animal Services Agency or Law Enforcement to file an incident report.
  • Take photographs of your wounds, bruises, and clothing.
  • Obtain medical treatment.
  • Contact the Karns & Karns Personal Injury & Accident Attorneys for a FREE consultation.

We are experienced dog bite attorneys ready to make sure a negligent dog owner who causes you or a loved one harm is held accountable for the injuries and damage they cause. Call us today at 877-557-4221.