Auto Accidents: Statute of Limitations
No matter how clearly the defendant is at fault nor how badly the plaintiff is injured, one factor that always looms ready to completely cutoff the plaintiff’s ability to recover for his or her loss is the statute of limitations. A statute of limitations is basically a statute that prescribes a certain time period (often called the limitations period) during which certain types of lawsuits can be brought or charges can be filed. In the personal injury context, this often depends on the cause of action and the type of damages claimed by the plaintiff. For example, actions for injury to the person must be commenced within one year after the cause of action accrues. In plain English, this means that if a plaintiff is injured by a defendant’s negligence in an automobile accident, that plaintiff has one year from the date of the accident to file a lawsuit. This rule is in place so that potential defendants do not get twenty years down the road and suddenly get slapped with a huge lawsuit from two decades ago. This also helps to keep the facts and evidence fresh in order to achieve the best resolution possible.
As noted above, the statute of limitations can differ depending on the type of claim pursued or the type of damages sought. For example, actions for damage to personal property are given a three year statute of limitations, which stands in stark contrast to actions for personal injury which have a period of limitations that is two years shorter. Finding and abiding by the correct statute of limitations can be frustrating, but failing to do so can cost a plaintiff the ability to recover for his case. A skilled attorney can take on the responsibility of making sure a plaintiff’s claim is brought within the limitations period or possibly even find an exception for a claim that will inevitably be filed too late.
Source: Hixon v. Highsmith, 147 F.Supp. 801 (E.D.Tenn. 1957).
