The statute of limitations is a law set by the state that gives a time limit for a person to bring a legal action or file a lawsuit in court to recover financial compensation. The purpose of the statute of limitations is to ensure that legal claims are brought within a reasonable time after an accident that gives rise to the claim.
Having a statute of limitations in place helps prevent the unfairness of defending against claims based on old evidence or memories.
Contact an attorney immediately if you believe you have a legal claim for damages after a car crash. Do not delay. Talk to a qualified Arkansas car accident lawyer now.
How Does a Statute of Limitations Work?
The statute of limitations is important to the car accident claim process. The statute of limitations is a procedural rule that must be followed, or you might lose your right to sue.
The time to file a lawsuit depends on the type of accident and injuries you sustained. After a car accident, the statute of limitations depends on the following:
The Type of Claim
The statute of limitations will depend on the type of claim asserted. Different legal actions (such as personal injury, breach of contract, property damage, etc.) have different time limits.
In most states, the statute of limitations for filing a personal injury lawsuit (such as injuries caused in a car accident) is two to three years from the accident date.
The statute of limitations for claims involving property damage (such as damage to your car) is often three to six years, depending on the state.
If the car accident resulted in death, the statute of limitations for filing a wrongful death may be a little different from the date of the accident itself.
Most insurance policies (health, auto, etc.) have filing deadlines, often shorter than the statute of limitations. These deadlines can range from 30 days to one year from the date of the accident, depending on your insurance policy.
Where the Accident Happened
The jurisdiction where the accident happened will affect the statute of limitations. The statute of limitations can differ between states, countries, or legal systems. Each jurisdiction may set its own rules on how long someone has to take action.
Talk to an Arkansas car accident lawyer immediately after a car accident to ensure you do not miss the statute of limitations in your state.
Are There Exceptions to the Statute of Limitations?
Once the statute of limitations expires, the person can no longer pursue the legal claim in court, even if they have a valid case. However, there are some exceptions where the time limit may be extended or paused, such as when the injured party was a minor, mentally incapacitated, or unaware of the injury, among a narrow set of other exceptions.
Exceptions to the statute of limitations are typically based on the case’s specific circumstances. Here are some common examples of exceptions to the statute of limitations:
Discovery Rule
The discovery rule is a major exception to the statute of limitations. Under the discovery rule, the statute of limitations does not start when the event (like a car accident) occurs but instead starts when the injured party discovers the injury or damage or reasonably should have discovered it.
Tolling the Statute of Limitations
There are instances where the statute of limitations can be “tolled” or stopped. It can happen under various circumstances, such as the following:
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Mental Incapacity
Mental incapacity can toll the statute of limitations. A person can be mentally incapacitated due to a disability or illness. If the person seeking to file a lawsuit is mentally incapacitated, the statute of limitations may be suspended until the person regains the mental capacity to file a lawsuit.
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Minority
“Minority” refers to the age of the car accident victim. If the person bringing the claim is a minor (under the age of 18), the statute of limitations may be “tolled” until they reach the age of majority. This means the time limit is paused until they are legally able to file a lawsuit on their own. If a child or a teenager gets hurt in a car accident, they might have until they turn 18 years old to file a lawsuit to recover financial compensation.
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Defendant’s Absence or Fraudulent Concealment
If the defendant, or potential defendant, is out of jurisdiction, or they deliberately hide their actions (like fraudulent concealment), the statute of limitations may be tolled until the defendant is available or their actions are discovered.
Wrongful Death
In wrongful death cases, the statute of limitations might start from the date of the victim’s death rather than the date of the accident that caused the death. It gives family members time to file a claim after they have had time to grieve and understand the cause of death.
Government Claims
Government claims can be complex to assert. When the defendant is a government entity, there are often special rules and much shorter deadlines to file a claim. In many cases, you must file a notice of claim within a shorter period before you can sue the government. Failure to do so may bar your claim.
Bankruptcy
If the defendant files for bankruptcy, the statute of limitations on certain claims may be paused, especially if the plaintiff is trying to collect money from a bankrupt individual or business. Contact an Arkansas car accident lawyer to discuss your rights after getting into a car accident with a bankrupt defendant.
Class Action Lawsuits
If you are part of a class action lawsuit (a case where many people are suing the same defendant for similar reasons), the statute of limitations might be extended or paused for members of the class. It gives potential plaintiffs more time to join the lawsuit after it is filed.
Equitable Tolling
In some cases, even if none of the other exceptions apply, courts may allow equitable tolling of the statute of limitations if it would be unfair to prevent a claim due to circumstances beyond the plaintiff’s control (such as when the defendant missed them).
These exceptions are designed to provide fairness when the usual time limits for filing a lawsuit might be unfairly restrictive.
Working with an attorney is vital to ensure you do not miss the applicable statute of limitations. Every state has its own rules about exceptions to the statute of limitations. Consult a car accident lawyer to understand how the above exceptions apply to your case.
Common Injuries in Car Accidents
Car accident injury victims might face a range of harms, from minor to life-ending. The severity of your injuries can significantly impact the value of your settlement. Here are some of the most common injuries that accident victims face:
- Burns
- Whiplash
- Concussions, Traumatic Brain Injuries, and other head injuries
- Broken bones and fractures
- Internal injuries
- Knee injuries
- Chest injuries
- Soft tissue injuries
- Back and spinal injuries
- Facial injuries
- Psychological injuries and mental or emotional trauma
- Death
The severity of your injuries can affect the complexity of your legal claim. Speak to your lawyer today about the details of your claim and the availability of financial compensation after a car accident.
What Compensation Is Available After a Car Accident?
There are various damages you can claim compensation for after a car crash. What compensation is available depends on the facts of your case. Here are details of the categories of potential compensation you might recover after a car accident.
Economic Damages
Economic losses refer to the tangible damages a victim might suffer after an accident. Economic damages that might be recoverable can include the following:
- Current and future medical expenses
- Current and future lost income
- Lost earning capacity
- Property repair costs
- Rehabilitation costs, cost of long-term care, and ongoing medical expenses
Non-economic Damages
Non-economic damages are often harder to prove than economic damages. Non-economic losses include the “invisible” losses that victims might face after a car accident. Some examples of non-economic damages can include the following:
- Pain and suffering
- Mental and emotional trauma
- Loss of enjoyment of life
- Loss of consortium
- Disfigurement or scarring
- Loss of reputation
- Inconvenience
Punitive Damages
In some cases, punitive damages might be available. Punitive damages are not meant to compensate the victim. Instead, courts award punitive damages to punish defendants when their actions are highly outrageous. Punitive damages are not always available. Speak to your attorney to discuss the possibility of recovering punitive damages after a car accident.
How Can a Car Accident Attorney Help Me?
A car accident attorney can help increase the odds of a successful outcome for your car accident case. The skills and experience that the attorney can bring will help ensure you get the best possible outcome available. Here are the most practical ways that a car accident attorney can help:
Investigating the Accident
Your attorney will help your case by investigating the facts of the accident. Having all the facts of the case is important as you pursue financial compensation for your losses. An attorney will gather vital evidence, such as accidents, witness statements, photographs of the scene, medical records, and surveillance footage, to build a strong case.
Your attorney will determine who was at fault in the accident, whether it is another driver, a third party, or even a government entity. It includes analyzing traffic laws, accident reconstruction, and other factors contributing to liability.
Handling Insurance Companies
Handling insurance claims is one of the most complicated parts of a car accident lawsuit. Having an attorney can help relieve the burden of dealing with an intimidating insurance company.
Insurance companies often try to minimize payouts to protect their bottom line. A lawyer will negotiate with insurance companies to ensure you receive a fair settlement for medical bills, property damage, lost earnings, pain and suffering, and other damages.
Evaluating Your Case
You might be unsure whether you have a viable legal claim after a car accident. An accident attorney will help you understand the viability of your potential claim and give you an estimate of what you can expect after a car accident.
Managing Medical Care and Expenses
If you are having a hard time managing medical care and expenses after a car accident, you might need an attorney. An attorney can work with your healthcare providers and negotiate bills, which may help reduce your out-of-pocket costs. They can also ensure that all your injuries are properly documented.
Filing Lawsuits and Legal Procedures
If your settlement negotiations with the insurance company are not fruitful, your lawyer might file a lawsuit for damages on your behalf. If the insurance settlement is inadequate or the other party is uncooperative, an attorney can file a personal injury lawsuit to seek compensation for your losses.
If the case goes to trial, an attorney will represent you in court, presenting your case, questioning witnesses, and making legal documents on your behalf.
Maximizing Compensation
Having an attorney can help maximize your compensation after a car accident. An attorney will help ensure you receive full compensation for not just immediate damages but also long-term impacts such as emotional distress, loss of consortium, and pain and suffering.
Providing Legal Advice and Emotional Support
Car accidents bring with them a significant emotional burden. An attorney can help support you emotionally by allowing you to rely on them for legal advice. An attorney will explain your legal rights and options so you can make informed decisions. They will advise you whether to accept a settlement or proceed with litigation.
Managing Uninsured or Underinsured Drivers
If the at-fault driver is uninsured or underinsured, an attorney can help explore options like suing the driver directly, filing a claim with your uninsured motorist coverage, or seeking compensation from other sources.
Contact a Car Accident Lawyer Today
You need an Arkansas car accident lawyer if you have been involved in a car accident. Do not delay as there are strict time limits for filing claims and lawsuits. A qualified car accident lawyer will help you understand how to protect your legal rights after a crash. Call today.