The Statute of Limitations Followed in Personal Injury Cases and Its Exceptions

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The statute of limitations is a legal time limit that applies to personal injury cases. It is the period within which a legal action must be brought. The purpose of the statute of limitations is to ensure that legal actions are brought promptly so that evidence is still available and the parties involved can still recall the events in question. A personal injury lawyer in Boston, MA can provide detailed answers to all your queries regarding this. 

The statute of limitations for personal injury cases varies from state to state. In some states, the statute of limitations is as short as one year, while in others, it may be as long as six years. The specific time that applies to a personal injury case will depend on the laws of the state in which the injury occurred.

Exceptions

There are a few exceptions to the general rule of the statute of limitations in personal injury cases. One exception is the “discovery rule,” which applies in cases where the injured person was unaware of their injury or the cause of their injury at the time it occurred. In these cases, the statute of limitations may be “tolled,” or paused, until the injured person discovers their injury or cause.

Minority exception

Another exception to the general rule of the statute of limitations is the “minority” exception, which applies to minors who have been injured due to someone else’s negligence. In these cases, the statute of limitations may be tolled until the minor reaches the age of majority.

There are also a few other exceptions to the general rule of the statute of limitations in personal injury cases. For example, the “fraud” exception may apply if the defendant committed fraud to conceal their role in causing the injury. The “foreign object” exception may apply if the injury was caused by a foreign object left in the injured person’s body after a medical procedure.

In summary, the statute of limitations is a legal time limit that applies to personal injury cases. It is the period within which a legal action must be brought. The specific time that applies to a personal injury case will depend on the laws of the state in which the injury occurred. There are a few exceptions to the general rule of the statute of limitations in personal injury cases, including the discovery rule, the minority exception, and the fraud and foreign object exceptions. Knowing the applicable statute of limitations in a personal injury case is important to ensure that legal action is brought promptly.

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