Personal injury cases protect you and your property if an injury is due to someone else’s act or failure to act. If the lawsuit is successful, then the defendant compensates the plaintiff. However, this compensation and the lawsuit are possible only when they are within the time limit.
This time limit is the statute of limitations in personal injury cases. You are in the right place if you are unaware of this term. This article will discuss the statute of limitations and how it works in different states, such as Des Moines. You can also learn about it from your personal injury lawyer in Des Moines.
What is the Statute of limitations?
A statute of limitations is a law that sets the maximum amount of time that parties involved in a dispute have to initiate legal proceedings from the date of the alleged offense. It is applicable in both civil and criminal cases. The length of time the statute allows to complain is based on the nature of the crime.
However, it is essential to note that cases involving severe crimes like murder do not have a maximum period. There are also international crimes such as genocide, war crimes, etc., which do not have a period.
What is the Importance of Timely Action under the Statute of Limitations?
Timely action is essential in personal injury cases for several reasons. Firstly, this will ensure that claims are brought to court when evidence remains fresh and witnesses’ memories are reliable. The proof will be lost and degraded if you are late in taking timely action. This will make it challenging for you to clear the case, so it is essential to take timely action.
Varying Statutes by Jurisdiction
The statute of limitation varies by jurisdiction and type of injury. There are various statutes per state requirement, for instance, a two- to three-year time frame in some states, while there can be a year in certain states.
What is the Consequence of Missing a Deadline?
If someone fails to file a lawsuit within the specified statute of limitations, then it can have serious consequences. In such instances, the court can dismiss the case, barring the victim from seeking compensation.
However, there are a few exceptions, but you must consult with your personal injury attorney after an injury so they can guide you properly in this case.