Every year, there are 1000s of personal injury claims, and the ‘Statute Of Limitations’ is essential in these cases. In the context of an accident, it’s a period that allows one to claim compensation by filing personal injury lawsuits. However, if a lawsuit is not filed within this period with the help of a personal injury lawyer in Des Moines, you may be unable to make a claim. Anyone filing personal injury claims should be aware of the statute, which is fixed to ensure a lawsuit is filed while evidence remains fresh and compensation can easily be had. Let us understand more about the Statute of Limitations and its importance.
What is the meaning of the rule ‘Statute of Limitations’?
The rule of ‘statute of limitations’ generally means the duration within which a lawsuit for personal injury claims can be filed. This time duration changes depending on the claim and the jurisdiction. This period for filing the lawsuit starts on the date of the injury or when the person discovers this injury. Once you have missed the duration within which the claim had to be filed, you will lose the right to file the claim after the expiry of the duration.
Why Statute of Limitation is Important
The main aim behind the statute of limitations is to encourage immediate resolution of legal disputes. The problem with legal disputes is that over time, evidence gets fabricated, memories fade, and witness unavailability increases. This law ensures that the dispute is resolved in the presence of the best evidence, i.e., direct evidence. It also provides both the plaintiff and the defendant with a sense of satisfaction and protection.
Unusual and Special circumstances
The statute of limitations sets a duration under which the claim has to be settled. However, there are certain exceptions to this rule.
- Rule of Discovery – In some circumstances, the injury is not instantly visible. The statute of limitation for these kinds of cases starts when the injury is discovered and not when it happens. An example of this is the cases of medical malpractice; injury is not discovered until a significant time has passed.
- Plaintiff is a Minor- In situations where an injured party is underage, the statute of limitations is molded to be implemented when the minor becomes a major. In most jurisdictions, the age of majority is 18, after which the claim can be filed.
- Mentally Unfit Patients- There are two types of mental unfitness. The first is temporary, in which the patient is usually given time to recover from the injury. The second is permanent mental incapacity, in which the legal guardian of the person can claim compensation by filing a suit.
- Fraud or Concealment – If the defendant has concealed the injury to hide it from the plaintiff to avoid discovery, the duration of the statute of limitation is increased in these cases as well. The duration starts from the day the plaintiff finds out about the injury.
- Out of jurisdiction- In some situations, defendants try to flee the state or country after the injury to avoid the cost. This statute of limitation rule ensures that the plaintiff is not disadvantaged in such scenarios.
Conclusion
The Statute of Limitation is an important provision, and its motive is to balance the rights of the plaintiff and the defendant. It prohibits filing the claim after the specified duration to prevent inconvenience to the defendant, and it provides certain exceptions and reliefs to help the plaintiff get timely compensation. It also upholds the validity of the law by imposing a time limit, resolves disputes on time, and protects the best evidence rule.
Written by Spencer Calvert
