Auto Accident Statutes Of Limitations: Time Deadlines For Legal Action
Each state has a statute of limitations when it comes to lawsuits concerning automobile accidents
. Victims are required to follow these laws when pursuing legal action after an accident.
Accident Claims
If you are involved in an accident, make sure you know the statute of limitations in your state. These will differ from state to state so you may have to contact legal counsel to find out about the limitations that apply to your case. You must file your claim in the state that the accident occurred in and abide by that state's statutes. For instance, if you live in Kentucky and are involved in an accident in Tennessee, you would file any claim in Tennessee and be bound by their statute of limitations. The claim must be filed within the time restraints set out by that states laws.
Tolls
Some states may toll the statute of limitations. This means that they can lay the statute of limitations aside for various reasons. Some of these reasons include: the victim is under the age of 18, the offender is incompetent, or recovery from injuries sustained in the accident is expected to take years. If the statute of limitations is tolled, it may be reinstated by the court at any given time. In cases involving a minor, the individual may pursue legal action at the time they turn 18.
Limits in Years
Some states limit the time taken to pursue legal action. For instance, Minnesota limits this time to six years in personal injury suits that are brought on by ordinary negligence. Kansas and many others limit this time to two years. You must check the statute of limitations in your state before filing suit. Yet other states may only allow six months to file suit or a claim.
After a Motorcycle Accident
If you are involved in a motorcycle accident, you should seek legal counsel so you are made aware of any statute of limitations in the state the accident occurred. A legal representative can also advise you of other laws that may impact your case.
