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The clock for filing a personal injury claim begins to tick from the moment the accident occurs. Whether you were injured in a car crash, slip-and-fall, or any other incident, the statute of limitations for personal injury will influence how long you have to seek compensation.
If you miss this time limit, you risk losing your right to recover damages. That’s why it’s crucial to get help from a trusted personal injury lawyer right away.
At Craig Swapp & Associates, our experienced personal injury lawyers understand the complexities of personal injury claims in Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, and Arizona.
Keep reading to learn how long you generally have to file a personal injury claim, and tips on protecting your rights and maximizing your potential settlement or verdict.
Personal injury statute of limitations refers to the legal deadline for bringing a claim. The purpose of these time limits is to ensure cases are pursued when evidence is still fresh. Once the time limit passes, courts typically dismiss cases, no matter how severe the injuries or clear the liability. That’s why knowing how long you have to file is critical.
It’s also important to note that there can be various exceptions that might extend or shorten the deadline based on specific circumstances. For example, if the injured person is a minor or if the defendant flees the state, the time limit might be paused or “tolled.” Consulting with injury lawyers as soon as possible after an accident is the best way to ensure you don’t miss vital filing deadlines.
Because personal injury claims are mostly governed by state law, the time limit differs depending on where the accident occurred. Here’s a general overview of how long you have in each state served by our personal injury lawyers.
The standard statute of limitations for personal injury cases in Utah is 4 years from the date of the accident. This gives you a relatively lengthy window to gather evidence and build your case.
The general deadline for filing a personal injury claim in Idaho is 2 years from the date you were injured. Some exceptions may apply if injuries are not discovered right away or if you were a minor at the time of the accident. Still, the best practice is to consult personal injury lawyers as soon as possible to protect your right to compensation.
If you were injured in Washington State, you typically have 3 years from the date of the accident to file a claim. Whether your claim stems from a car accident, medical malpractice, or a dog bite, this three-year time limit usually applies.
Montana also provides a 3-year window for most personal injury claims. This means you generally have three years from the date of your accident to take legal action. H
In Oregon, you typically have 2 years to bring a lawsuit for most personal injury matters. Similar to other states, if you fail to meet this time limit, you will lose your right to seek compensation.
Wyoming offers one of the longer filing windows, similar to Utah. You generally have 4 years to file most personal injury claims in Wyoming. Nevertheless, even four years can go by swiftly, especially if you’re dealing with significant injuries or complex insurance negotiations.
In Colorado, the personal injury statute of limitations is typically 2 years from the date of the accident. Regardless of the specific timeframe, ensuring you gather documentation and evidence as soon as possible is vital for a strong case.
Arizona also has a 2-year time limit to file most personal injury claims. The clock starts ticking on the day the injury occurs.
When it comes to personal injury claims, the statute of limitations is not as cut-and-dried as many might assume. In many instances, the amount of time you have to file your case is influenced by a variety of factors, and understanding these exceptions is crucial.
Several unique situations and legal nuances can extend or even pause the clock, altering the typical filing period.
Under the discovery rule, the starting point for the limitations period may not be the date of the injury itself, but rather the date when the injury was, or reasonably should have been, discovered. For instance, if you develop symptoms of an occupational disease or a latent condition years after initial exposure, your legal window might only begin from when you first recognized the injury.
In cases where the injured party is a minor, the personal injury law offers additional protection. When a person under the age of 18 is harmed, the statute’s clock is often paused until the minor reaches the age of majority. This means that even if the standard filing period has passed, minors are given additional time once they are legally recognized as adults to seek redress for their injuries.
When the personal injury claim involves compensation from a government entity – such as a public transportation system or municipal service – the rules change considerably. The deadlines for filing a notice of claim are typically much shorter. In many instances, these deadlines can be as brief as six months or one year, underscoring the need for prompt legal action if you believe a public body is responsible.
If the injured person was mentally incapacitated at the time of the accident, the statute of limitations might be extended. This extension is designed to ensure that those who were not in a position to protect their legal rights at the time of the incident are not unfairly disadvantaged.
Because these situations can significantly affect how long you have to take legal action, it’s always best to discuss your case with injury lawyers who know your state’s laws inside and out.
Waiting too long to contact personal injury lawyers can jeopardize the success of your claim. Evidence can fade, witness memories can become unreliable, and the court may interpret your delay as a sign your injuries aren’t severe. Additionally, insurance adjusters often question the legitimacy of claims that are filed at the last minute.
By reaching out to an injury lawyer sooner rather than later, you’re sending a clear message that you take your injuries seriously and will fight for the compensation you deserve.
If you’re unsure how long you have, or need guidance filing a personal injury claim, reach out to Craig Swapp & Associates. It only takes “one call, that’s all” to start the conversation and get the information you need.
Call us at 800-404-9000 or contact us online to schedule your free consultation.