In most personal injury cases, you have two years to file a lawsuit in the court system. This time frame is known as the statute of limitations. If you do not file within that period or settle the claim out of court, you lose the right to take legal action, which includes being compensated for your injuries.
However, there are situations where this two-year window can be extended. For instance, if the injured person is a minor or has been deemed mentally disabled, the timeline does not begin immediately. In the case of a minor, the two years begin when they turn 18. For individuals with mental disabilities, the ‘countdown’—or the period during which they are considered to have a disability—begins when their condition no longer substantially limits one or more major life activities.
Another exception is when the negligent act is not immediately clear. This often happens in medical malpractice cases or large-scale issues like mesothelioma, asbestos exposure, or lead poisoning. In these instances, the two-year period starts when the injured person becomes aware—or should have reasonably known—about the negligence that caused their injury.
A local government employee, such as a police officer, sanitation worker, or city employee, is also exempt from the statute of limitations and has a year to file a lawsuit.
There are certain scenarios when the two-year deadline can be delayed. One situation is when the person who was injured is a minor or has been deemed mentally disabled. For a minor, the two years does not start until the minor reaches the age of majority, 18. In terms of someone who has been deemed mentally disabled, the two-year span begins once the disability is resolved.
We recommend starting the claims process as soon as possible and seeking legal advice right away. This ensures you receive the guidance needed to expedite your physical and financial recovery.
