If you’ve been injured in a car accident, your first instinct may be to file a lawsuit as soon as possible. But what happens if the statute of limitations deadline has passed? Can I extend this deadline? And what are the consequences if I miss it? Go over these questions with personal injury lawyer in Okotoks so that you can understand how long you have left to file your personal injury case.
Consequences of Missing the Filing Deadline
If you miss the filing deadline, there are consequences. Your case will remain open for six years from the date of injury or death. This means that if your personal injury lawsuit was filed within six years of an incident, it will be dismissed as long as:
The statute of limitations hasn’t expired; and
You don’t have any other legal reasons why it can’t be dismissed (such as an affirmative defense).
If these conditions aren’t met, then all claims against you are permanently barred and cannot be reopened later on in court proceedings.
Common Exceptions to the Statute of Limitations Deadline
The statute of limitations deadline is the time limit for filing a lawsuit. It’s usually 1-3 years, but there are exceptions:
● There’s no statute of limitations if you’re suing someone who caused your injury or death. In this case, you can sue them at any time after being injured or before they were injured (or even after they die).
● If you want to file a lawsuit against an insurance company because they don’t cover their obligations under their policy, then it doesn’t matter when the policy was issued—you still have until the end of your policy term to file suit against them.
Different States Have Different Exceptions in Place
If you live in a state that has exceptions to the statute of limitations, your case may be eligible for consideration. For example, some states have an exception for people who are injured by means of negligence or wantonness. In other words, if someone was involved in some sort of reckless behavior and injured you as a result—whether it’s intentional or not—then they can’t bring their actions back within the statute of limitations window.
Other states’ laws allow victims aged 18 years old and older to file suit until age 30 (or whatever number applies) if they were under 18 when their injuries occurred; this applies regardless of whether or not those injuries were caused by someone else’s negligence (like an ATV driver who hit your car). The same goes for cases involving minor children: They’re allowed up until age 26 on these counts!
If you have been harmed by someone’s negligence, you may be able to file a personal injury lawsuit within three years of the incident. However, if you don’t file your case within these limitations, it will be too late.
If you need help determining whether or not this deadline applies in your situation and what steps might be necessary for filing an exception to this deadline (or any other legal issue), contact your attorney for a consultation who can evaluate your case and advise whether or not there is enough time left before the statute of limitations runs out!