The term “statute of limitations” means a legal time limit. There are both criminal statutes of limitations and civil statutes of limitations, including for personal injury claims.
The time limits set forth how long someone has to bring the legal action in question, including filing criminal charges or filing a personal injury lawsuit to seek compensation for your injuries and losses.
If you suffered an injury and believe someone else was to blame, never wait to start the process. Near the Caldwell and Meridian, ID, areas, seek a consultation with the personal injury lawyers at Andrew Injury Law.
For an average case in Idaho, the victim (or the victim’s family if the victim passed away) has two years from the incident date to sue the other party. If you miss this deadline, the judge will almost certainly dismiss your case, unless an exception applies.
Below are some exceptions relating to Idaho’s personal injury statute of limitations.
In general, statutes of limitations don’t start running until the victim is aware they have a legal cause of action. This means the date you know or should have known that you have injuries and that someone else was responsible.
Additionally, in a case of wrongful death, the clock starts ticking from the day of the death – not the initial injury. Accident victims don’t always die immediately after their accidents.
Some may stay in a coma or vegetative state for months, even years, before eventually succumbing to their injuries. In a wrongful death case in Idaho, the statute of limitations is also two years, but the clock doesn’t start ticking on the day of the accident.
Injuries that occur in childhood are viewed differently because children don’t always understand the full extent of their victimization or injuries. Idaho allows the child to reach the age of majority before the two-year time limit begins.
However, other complex time restraints exist for child-related claims, so always have our attorneys review the timeline.
Statutes of limitations are more complicated than most people think. Never assume an exception applies – or doesn’t apply – to your situation. Instead, let our legal team assess when you need to take legal action.
Also, remember that injury cases usually go through the insurance claim process before you file a lawsuit, which can take time. You want your lawyer to have ample opportunity to investigate your accident, gather evidence, and negotiate a settlement.
If you do not receive a fair settlement offer, you will still need to file a lawsuit within the deadline. Never delay in beginning the process following an injury.
Andrew Injury Law is an Idaho personal injury legal dream team experienced in cases like yours. Before the clock runs out, schedule a free legal consultation with us today. You can reach us at 208-517-7670 or use our web form to get the justice you deserve.
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