The “statute of limitations” is the legal rule that determines how much time you have to file a personal injury claim against a party who is liable for your injuries and damages. While this concept might seem straightforward on the surface, statutes of limitations (SOL) are often surprisingly complex as various factors and complications start to arise.
Statutes of limitations will change depending on several factors, such as:
- The nature of your claim
- The type of damages
- Whether a governmental entity is involved
- Any contracts between yourself and the liable party
- Potential plaintiffs involved
- Potential defendants involved
For example, if the case involves a governmental agency, the period with which to provide notice of such claims may be as little as 60 days, depending on the local governmental entity.
When the Statute Can Be Extended
It is important to understand all the factors involved in your personal injury claim and how they can affect the statute of limitations. Parties involved, when the injuries were suffered, where the accident happened, and who was hurt are influential components that can sometimes shorten the statute of limitations. However, the statute can be extended if the claimant or plaintiff may be tolled in extenuating circumstances, such as incapacity, incompetency, fraud, timing of the discovery of the injury, and whether a minor was involved.
Act Sooner Than Later
When it comes to discussing statutes of limitations, there are too many talking points to cover in one sitting, that is just how much they can vary from case to case. The underlying truth, though, is that investigating and starting a claim sooner than later is always the right idea. Waiting too long can make the statute of limitations expire, which means you will lose out any chance of filing a claim. Given that the SOL in your claim could be much different – and much shorter – than you might expect, you should talk with an attorney within days of your accident at the latest.
Call (210) 361-2997 to connect with Maloney Law Group, P.L.L.C. if you have been injured in San Antonio and aren’t sure when you need to file your claim. Our attorneys have decades of collective experience to put to good use throughout your claim, from initial investigations to settlement negotiations or litigation.