A Guide to an Amicable Divorce

About Me

A Guide to an Amicable Divorce

When I got divorced, it went off without a hitch. When my friends heard how easy it was, they were shocked. None of the people they knew had experienced the same easy separation I had. It was not problems with their spouses that was the issue. It was the attorneys. After talking to a few more people and my divorce attorney, I created this blog. I want to help others who are going through the divorce process understand their options. I also want people to realize that there are good attorneys who are committed to getting what is best for their clients.


Understanding The Statute Of Limitations In Injury Law

Whenever someone else's negligence leaves a person hurt, the victim has the right to demand compensation for their injuries. However, they're also likely up against a time limit for when they can start their case. Personal injury attorneys refer to this as the statute of limitations. Injury clients need to understand the following three things about the limit.

Varying Rules

Each state has its limits for different kinds of injury cases. Most states have a statutory limit of two years for standard personal injury claims, but a few use three-year limits. Usually, the clock starts on these cases on the day of the accident.

There are sometimes exceptions that nullify the limit entirely or push it out. If the injury victim was under the age of 18 when the accident happened, for example, the law may not start the clock until they reach majority. Likewise, there are often longer or no statutory limits on claims arising from sex abuse or chemical or radiological exposure.

Many states also have rules that don't start the clock on the time limit until a person knows they have a medical issue. For example, many people with repetitive stress injuries may not discover they have problems until years later. States frequently carve out legal exceptions for these cases, and the clock starts rolling on the statutory limit once the victim learns about the issue.

What Do You Have to Do by the Limit?

You don't have to wrap the entire case up by the time you reach the limit on the calendar. However, you do have to send formal notice of your intent to seek a claim on or before that data. This means you have to identify the defendant and send them a demand letter.

Normally, a personal injury lawyer will use the demand letter to explain who you are, what happened, why you believe the defendant owes you compensation, and what evidence you have to support the claim. An attorney may also attach supporting evidence, especially reports from doctors and first responders.

Implication for Filing

You have limited time to gather proof to support your claim. Even if you're still recovering when the limit strikes, you must file if you want compensation. Otherwise, you lose your right to demand damages. The defendant will likely reject your claim, and they can ask a judge to toss any case if you sue. Consequently, it's important to get the claims process moving as soon as possible.

Contact a personal injury lawyer like Willis Spangler Starling to learn more.