Know Your Statutes Of Limitations To Avoid Missing Your Claim
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Injuries can be really hurtful. Especially, when the injuries suffered are due to someone else’s negligence or wrong-doing. Piled up bills and missed time can further worsen the suffering.
However, injuries can cross paths anytime and anywhere. One may get injured by falling tree, that no one has control over, or simply slip and fall on an icy road. Luckily there are authorities and regulators at play who can significantly ease your suffering. Yes, you got that right, your insurer.
But before you even file your claim for compensatory relief against an injury, do you know there are limitations involved? And the most significant of these limitations is the time frame to file a claim. These time limitations are known as Statutes of Limitations.
What Does the Statute Of Limitations Mean?
If you Google ‘Statutes of Limitations’ the first thing that pops up in the results is a Wiki-link.
According to Wikipedia, “A statute of limitations is a law passed by a legislative body in a common law system to set the maximum time after an event within which legal proceedings may be initiated.”
In other terms, the time limit that you have after getting injured to claim compensatory relief and make the guilty pay for your losses, by law, is known as the statute of limitations.
How Does It Affect Your Claim?
The statute of limitations varies from state to state, and according to the type of claim. Jeff Preszler from the Preszler Law Offices of Ontario explains that you will typically have two years to file a personal injury external appeal, so you will want to make sure you don’t get too bogged down with internal appeals.
Let’s say you slip and fall on pavement due to a shallow portion that has collected water drained by a resident who lives next to that pavement. The injuries you’ve sustained are caused due to the negligence of two parties- one the municipality or the local authority that didn’t maintain the pavement, and second the person who irresponsibly drained water. You have not only suffered the pain from injury but also the medical bills and missed employment due to this injury. Moreover, the time that you’ve lost tops over your suffering.
In case you file your claim immediately after you sustain the injury, there is a pretty good chance that you can receive compensatory relief for all your sufferings along with what you may face in the future as well. Failing to file your claim in time will not only keep you suffering but also leave you frustrated.
Moreover, the evidence and the witnesses also fade away with passing time. In other words, evidence and witnesses can help you claim compensation while the memory and the injury are still fresh. Once these start to fade, your chances of the favorable ruling also begin to fade all along. That is why knowing the statute of limitations that your governing body has laid is crucial.
Are There Any Other Limitations Along?
As already mentioned, the basic limitation that applies to any personal injury claim is two years, there are a few rare instances when the limitation may be extended or reduced. Nevertheless, there are other limitations also at play. For example, your insurance company may have a limitation for making your claim. Also, there are prerequisites such as informing the other party prior to legally filing a suit.
Complying to these limitations is also very important. For example, if you miss filing your insurance claim, say, up to 10 days after you’ve sustained the injury, your claim may be rejected. Further to this, you may lose the compensatory relief that you might have received, otherwise.
What Should You Do?
Here are a few tips that you should be following in order to get the best possible compensation for your suffering and loss:
- Notify your insurance company and that of the other party, within the first week of sustaining an injury.
- Send an official notice to the responsible or at-fault individuals or organizations for your injury within three months.
- You have almost a year to file claims for any other losses that you may have incurred. This includes damage to your property such as a damaged car in an accident, or broken doors and windows during a mob attack.
- In case you are still unsatisfied with the compensation you’ve received or that is being offered, you can file a lawsuit against the party at-guilty. The time limit for doing so is two years since you have sustained the injury.
Knowing the statutes of limitations and how to proceed with claims, if you ever need to, can help you survive all the suffering knowing that it’ll pass and the ones at fault shall pay for their wrongs.
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