When an injury occurs, it can take a long time before the injured person files a claim for their injuries. This can be for several reasons: the person may not realize they are entitled to file a claim for the injury they suffered; the injury itself may not significantly affect them until a later time; or life simply gets in the way, causing delays that can unknowingly forfeit their right to seek compensation. It is important to act promptly, because if too much time passes, you could lose your right to file a claim under what is called the “statute of limitations.” Delays in pursuing a claim can jeopardize important legal rights, which is why speaking with an Alton, IL towboat injury lawyer as soon as possible after a maritime accident may help preserve your ability to seek compensation.
What Is The “Statute Of Limitations?”
A “statute of limitations” is a legally defined time frame within which you must file a claim. It functions like a hard deadline—if you claim is not filed by the required date, it may be permanently barred, regardless of its merit. Statutes of limitations exhibit to promote timely legal action and to preserved the reliability of evidence, such as witness testimony and physical records, which can deteriorate over time.
How Long Do I Have To File My Claim?
The amount of time you have to file a claim varies depending on the type of injury, the applicable law, and the state where the injury occurred.
Missouri
In Missouri, the statute of limitations for personal injury claims is governed by Missouri Statute § 516.120(4), which generally requires that claims be filed within five years from the date the claim “accrues.” Determining when a claim accrues can be complex and depends on the nature of the injury and the type of claim. It is also critical to consider where the injury occurred — if you were injured in another state but wish to file your lawsuit in Missouri, the statute of limitations from the state where the injury occurred may apply instead.
Illinois
In Illinois, personal injury lawsuits generally must be filed within two years from the date the cause of action accrues, which is typically the date of the injury (735 ILCS 5/13-202). As in Missouri, determining the exact accrual date can be complicated. The applicable time period may vary depending on the type of injury, the type of claim, and where the injury occurred.
How Can I Be Sure That My Claim Is Filed In Time?
Accidents and injuries can happen to anyone. Once an injury occurs, protecting your right to file a claim should be a top priority. Given the complexity of statutes of limitations, including how they vary by state, injury type, and claim type, consulting an experienced personal injury attorney as soon as possible is the most important step you can take.
The attorneys at Goldstein and Price, L.C. have been fighting for injured clients for over 65 years. Contact us today to speak with an experienced attorney and ensure your claim is filed within the time allowed by law.