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What is the Time Limit to Claim for Personal Injury? – 2021 Guide

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Suffering an injury is never a pleasant thing to experience. There are a lot of things that are directly caused by this occurrence. For instance, it can happen that the person who suffered this kind of injury will not be able to work. So, this inability will cause significant financial damage. If something like that happens, the one who suffered these wounds can claim a personal injury.

But it needs to be said that there is a huge difference when you are guilty of this occurrence or not, according to the word of law. Naturally, the person responsible for the accident doesn’t have the right to claim. As you can presume, taking any legal action to make these claims is not possible without having someone to represent you in court.

The reason is there are a lot of different aspects that need to be taken into consideration before a claim can be right as the time limit for making this sort of request. If you are interested in having someone who can do that, be sure to visit here and find a solution that complements your needs and preference. Now, we would like to talk about this concept in general and provide answers to crucial questions.

The Basics

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Before we are ready to discuss smaller details, we need to know what a personal injury claim is in general. We are talking about a legal case that can be opened when a person experiences harm as a result of an accident. Naturally, the accident being someone else’s fault is a crucial factor, as we’ve mentioned.

Basically, it is a process in which the side who didn’t cause the accident will have a chance to receive some compensation. In most cases, this compensation will come from an insurance company. Thankfully, there is a way for this claim to be filed without any upfront expenses. That way, no one can receive any upfront payments before the final decision has been concluded.

Plus, there is a possibility for this kind of request to be made by another party when the title is not available. It happens when someone has been unable to do it as a result of the accident. In that case, a family member can do it on behalf of the person who experienced harm.

What is the Time Limit?

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When it comes to the time limit, it needs to be said that three years is the limit in most cases. However, there are different levels we would like to uncover. For instance, a lot of things depend on a factor called the date of discoverability, which depends on a couple of different factors.

1. The Severity

To take legal action against the opposite party, proving that the harm was substantial is a key factor. But these findings will need to be set in time. From the date decided by the court, the person who suffered an injury has three years to file for this kind of request. Naturally, if the court doesn’t find that the severity has been at a certain level, the applicant will lose the right to ask for compensation.

2. Other Party’s Fault

We’ve mentioned that determining which party is guilty of the accident is something that makes the difference. However, there are situations when identifying the one who is responsible is simply not possible. If that happens, the court will decide on the date of discoverability based on the facts about the case that can be proven in the case.

3. The Occurrences

Last but not least, we would like to talk about occurrences that surround the case. While it may seem that discovering possible health issues a long time after the accident. When you think about that, it is possible. Especially when we are talking about mental problems and some prolonged physical ones. In this case, the deadline will be determined on the date when the one who suffered a problem was found about it.

Are There Any Exceptions?

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Now that you have seen there are a couple of factors that determine how these three years will be accommodated, you should be aware of a couple of exceptions to that case.

1. Fatal Results

If your family member has lost a life as a result of the accident, the deadline will remain the same. However, if there are proofs that the cause was something different, then it will start from the moment these facts were presented to the court and ruled out as correct.

2. Mental Ability

When we talk about a person’s mental capacity, it needs to be said that there is absolutely no time limit that needs to be taken into consideration. People who don’t have enough mental abilities to participate in their case can ask to make this kind of request if their condition improves over time.

3. Children

Last but not least, we would like to talk about the question of children. If the accident has occurred before the child’s eighteenth birthday, the child will have a chance to request it at any time between its eighteenth and twenty-first birthday. Not being a legal adult means that you cannot take any legal action.

Can the Deadline be Extended?

We can see that there are a lot of people interested in knowing whether it is possible to extend the time limit for filing a personal injury. While we can say that it is possible, the reason for extension needs to be solid. However, we wouldn’t recommend anyone to rely on this factor. Instead, find an attorney that will handle your case properly and make this kind of request within three years.

The Conclusion

As you can see, this is a question whose answer looks pretty simple at first sight. However, there are a couple of levels that need to be taken into consideration based on what happened and how old was the one who suffered the damage. Having an insight into all of these factors is not possible for some who don’t have significant knowledge in this field. Therefore, hiring an attorney is an absolute must.

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