Fairfield Accident Law Firm: Statute of Limitations

Video Transcript:

Hi I’m Ben Scott from the Barnett and Bennett, firm. I want to talk today about what’s called the statute of limitations. This statute of limitations is basically like a time limit. You have a time limit in which you have to file a lawsuit against somebody or you forever lost that right. Now there are lots of different statutes of limitation for lots of different things. I want to focus on some of the statutes of limitation for personal injuries. So, if you get hurt because somebody else did something wrong, then you have a certain amount of time to bring that long bring a lawsuit. Now the reason for this is we don’t want people to be constantly worried throughout their life that maybe somebody is going to come out and sue them for something that happened 30 years ago. We want them to be able to know that they can move on with their lives. Now here are a few of the statute of limitations that apply to personal injury. Now typically if you get hurt because of somebody’s misconduct the statute is two years from the date of the injury. Now there are some exceptions if you are minor when you’re hurt. Usually what happens then is you have two years from your 18th birthday to file a lawsuit.
Now there are some exceptions. If it’s a medical malpractice case, so if you’re hurt because of professional negligence, then you have one year from the day that you discover the injury, but it can’t be any more than three years from the date of the doctor’s negligence. And, if it so if you’re suing the government so if you’re suing a city or a county or state agency there are some different rules that apply. One of them is that you have to file a claim with the government within six months of the date of the injury, and then once they reject that claim, then you have six months from that day to file the lawsuit and then if it’s a suit against the US government then a whole different set of rules apply. And, so the lesson to be learned is don’t wait too long if you’ve been hurt because of somebody else’s misconduct. You can’t just wait forever, and you don’t want to wait until the day before the statute of limitations to file your lawsuit because that’s probably not going to give you enough time. So, the best advice if you’ve been hurt because somebody broke some rules and did something wrong, go and see an attorney. Call us at the Barnett & Bennett, law firm. We can help you figure out the best solution.