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The statute of limitations refers to the period after an injury takes place due to an accident. The injury victim must file a civil lawsuit within that timeline, or he will not be allowed to take any legal action after the time limit is over. It is a type of procedural law. If you are an accident victim, consult a lawyer and get legal help regarding your case. Hiring a lawyer for your case is highly beneficial as they give information regarding deadlines and inform you of your rights and cities.
Purpose of the statute of limitations
The statute of limitations serves several purposes. It provides the injured victim an adequate amount of time for investigation of the cause and type of injury, followed by consultation with a legal professional. After that, the victim can file a complaint against the party at fault. The case can be negotiated without court or taken to trial. It provides certainty and guarantees the case.
The statute of limitations facilitates the commencement of trials and testimonies by witnesses within a specific time frame so that the cases do not remain pending for an extended period. It must be done in good time so that all the evidence and documents are preserved and in good condition to be displayed in court. The limitations help to initiate and settle cases quickly instead of stalling them for years to come.
Exceptions to the statute of limitations
Some exceptions apply in cases of personal injury accidents, etc. If there is an application for such an exception, the statute of limitation will be suspended or held until the exception is wholly unavailable or void. The exceptions to the statute of limitations are as follows:
- Legal disability
This is a type of exception applied to victims that are minors ( aged less than 18) or mentally incapable of making legal decisions. However, this exception is not applicable everywhere. Only limited states follow it.
- Continuous treatment doctrine
Under this exception, the jury may suspend the statute of limitation if the victim of healthcare-related malpractice is under the supervision of a healthcare professional. This exception aims to avoid any interruption due to legal procedures and allows the victim to get the necessary treatment without disruption. Along with that, this exception prioritizes the victim’s health as well.
- Discovery rule
This exception grants the suspension of the statute of limitations for cases where the injured victim cannot discover the damage caused. This essentially works for injuries that do not have visible symptoms but develop over time into something severe.
