The statute of limitations prevents accident victims from filing a personal injury case if they wait too long. All states have a statute of limitations, and the time limits on various forms of injury vary from state to state. If you have been harmed by the actions of a person or business, you have to right to seek compensation, but you must abide by the time limit rules. Read on for more information about this important facet of civil law.

Why Have Limits on Filing Cases?

To an accident victim who is unable to gain compensation after waiting too long, these laws seem unfair. A victim has already been harmed (allegedly), so why make it harder for them to take legal action against those who harmed them? What might not be as obvious to accident victims and their loved ones are the ways that these laws protect victims and make things fairer for the defendants.

Since time is the main factor, it is that element that creates problems for both sides in a personal injury cause of action. The more time that passes between the occurrence of the act, the more likely it is that the evidence will be weak, non-existent, or compromised. Evidence to support or negate the testimony of both the plaintiff and the defendant is diminished in many cases. For example, if counting on the memory of the officer that responded to an accident scene is key to a case, both sides need to take action in a timely manner so that those memories are fresh.

Location Matters

Since you already know that the statute of limitations varies from state to state, you should also know that the state you reference is the one where the incident took place. If you were hurt in a car accident while traveling in a bordering state to your state of residence, you must take legal action in the state where the wreck happened and not in your home state. That means following the appropriate statute of limitations as well. States may have time limits that vary quite widely. And you will notice that the statute of limitations in all states contains several categories of types of cases. The statute of limitations applies to both criminal and civil cases and each sub-category can be different in scope.

Finally, it should be mentioned that the importance of exactly when the clock starts ticking on personal injury cases can vary and that is why you should speak to a lawyer as soon as possible after you've been harmed. For more info, contact an accident attorney as soon as possible.