General Rule
When someone’s been involved in a motor vehicle accident or any type of personal injury claim, there is a 2-year statute of limitations. Generally, people can get hung up on that and they might think that they have two years within which to file a lawsuit or settle their claim, which is almost always accurate. However, there are times when a statute of limitations is shorter than 2 years, particularly if there’s a claim against a governmental entity.
Claims Against Government Entities
If there’s a claim against a governmental entity, such as a school district or a public utility, you have to treat them like a governmental entity. You must file what’s called a notice of claim within 180 days of the date of the incident. If you don’t, your claim is forever barred—it’s gone. Some people get caught up thinking 180 days means 6 months, but that’s not correct. You need to look at the calendar to figure out when your deadline is. If you miss that time frame, your claim is gone.
Settlement and Lawsuit Timeline
After you file the notice of claim, you have 60 days within which the government has to settle the claim. If they don’t respond or if they don’t offer a good enough settlement during those 60 days, then after the 60-day run, you have up to one year to bring a lawsuit. If you can’t get the claims settled against the government entity within one year, you have to file a lawsuit. You don’t have two years on those claims.
Work-Related Injuries and Third-Party Claims
If you’re injured at work but it’s due to the fault of a third party—not your employer. If you’re driving for your boss and you get in an accident, for instance, you have one year within which to bring the claim. After that year, if the worker’s compensation carrier has paid for any of your benefits, including medical bills and time off work, they then get to take up your claim for the second year. Unless you get what’s called a reassignment of rights from the worker’s compensation carrier, your claim is gone. So, you have to be very careful when it comes to the statute of limitations.
Get Expert Help Today
Don’t let important deadlines pass by. If you have questions about your personal injury claim or need assistance with filing a notice of claim, White Mountain Injury Law is here to help. Our experienced team is dedicated to guiding you through every step of the process and ensuring your rights are protected. Contact us today to schedule a consultation and get the support you need.