A statute of limitations is a law that describes the amount of time a person has to file their claim with the court in order to be eligible for compensation. The statute of limitations for an injury varies from state to state and a personal injury lawyer in Columbia, SC, is the right person to contact to determine exactly how much time a person has to file a legal complaint based on their specific condition.
As a rule of thumb, a person generally has three years after the injury in Columbia, SC, before their time to file a complaint runs out. However, if the defendant is a government entity, then a person only has two years after their injury to act, otherwise, the court will not take their case seriously and they will lose the compensation they were originally entitled to.
After getting injured, a person should always make sure to file their complaint as soon as possible. The sooner a person contacts an attorney and begins the legal process, the greater their chances of getting compensated for their losses. Injuries caused by accidents due to the negligence of another party can be far too expensive to pay for from one’s pocket. In order to ensure that the suffering of a person is minimized after an injury, legal action should be taken immediately.
Though it is best to file a complaint right away, many times individuals simply can not meet the deadline. There are always exceptions to the rules and the statute of limitations can be extended, however, only in very specific circumstances.
For instance, if a person was a minor when they were injured then they have an additional year after their eighteenth birthday to make a legal claim. Also, if the individual who was hurt suffers from a mental disorder, they have up to five years to file their complaint about all matters except medical malpractice. The statute of limitations remains at 3 years for medical malpractice even if the individual is not mentally fit.
The clock begins ticking on one’s ability to file a legal complaint based on the discovery rule. The discovery rule states that as soon as a person discovers they were injured, their three-year time period begins. Three years is more than enough time for most people to discover they have an injury and to decide to seek legal measures against the individuals responsible for their injury. However, there are certain cases where the side effects of their encounter may take years to show up. For example, it may take years for a person to realize the side effects of a medication that was wrongfully prescribed to them. Sometimes, pregnant women may be given medication without being told about the fatal effects it could have on their fetus and this misinformation can lead to extreme deformation or even the death of their baby.
Anyone having trouble deciding whether their case is worth formulating a legal compliant or not should get in touch with an attorney to discuss their options.