St. Paul Personal Injury Attorneys Swor & Gatto
If you have been injured, you may be wondering if you have a personal injury lawsuit. This is especially true if someone else could be held responsible for your injury. However, it is important to know that you may have a time limit in which you must file your case. This is called a statute of limitations and if you don’t file in time, you will lose your right to have your case heard in court.
So, what are the time limits for a personal injury lawsuit?
- If your claim involves the government in any way, you only have one hundred and eighty days to file your suit. This includes any employees, agency, or even a government vehicle.
- For most personal injury lawsuits, you have two years to file your case. This includes injuries that occur due to assault, battery, slander, and much more.
- You have three years to file your claim is someone passes away due to wrongful conduct.
- For those who are facing medical malpractice suits, you have up to four years to file your case.
- Negligent cases, such as car accidents, have a statute of limitations for six years. This also includes any motorcycle and bike accidents.
- There are no limits when you are looking at murder. You can file your case whenever and it won’t get dismissed.
So, how do you know when you should file your claim?
- It is important to know that the timeline starts on the date of the injury. This can be found at the Minnesota Statutes section 541.07.
- You also must remember that some personal injury claims drag out so it is important to file as soon as you are able. You don’t want to miss out on your day in court because the window closes.
- Not all statutes of limitations are set in stone. Because laws can change occasionally, the statutes of limitations can change, depending on many factors. This is another reason why you should talk to a lawyer as soon as possible. You don’t want to miss the deadline, just because the laws changed and you didn’t realize it.
What happens if you miss the deadline for filing your case?
- Though you may try to file your lawsuit anyway, there is a good chance that the court will dismiss your case. That being said, there are times when the court will grant the dismissal.
- You need to know that if you miss the deadline, you may lose your leverage when it comes to negotiating. You may not look like you are serious about the case because you waited too long.
For most personal injury cases, you have about two years to file your suit. However, anytime the government is involved, you only have one hundred and eighty days. Car and other accidents give you six years to file. If you are fighting murder, there are no statutes of limitations.
That being said, the laws can change so it is important to talk to a lawyer as soon as possible. If you miss your deadline, there is a good chance that your case will be dismissed without getting a fair trial. It may be dismissed right away because you waited too long.
If you are injured and aren’t sure what you should do, don’t hesitate to contact us today. We will be happy to talk to you about your injury to determine whether or not you have a case. We will be sure to go over your options to ensure that you can make the best decision for you and your family. If you decide to fight, we will be here for you, every step of the way.