Statutes of Limitations - What They Are

If you have been a victim of personal injury, you have a limited amount of time in which to file a claim. This time period, called a statute of limitations, varies from personal injury claim to claim and from state to state. All jurisdictions allow victims at least one year from the date of injury or the date the personal injury was discovered to file a lawsuit - and in most states, statutes of limitations range from one to three years. If you fail to file your personal injury claim or lawsuit before its statute of limitations expires, the defendant in your case can have it permanently dismissed for being untimely and that means you will have forfeited you chance to be compensated for your injuries. Let William Kennedy evaluate your particular case.

Exceptions to Statutes of Limitations

The only exceptions to personal injury statutes of limitations are claims against government agencies. Depending on the state, plaintiffs have from 30 days to one year to file suit. And as with any other personal injury claim or lawsuit, these will be permanent barred if not filed within this time period.

Mr. Kennedy can inform you of the time frame during which you must file your personal injury claim or lawsuit.

When Statutes of Limitations Begin

Generally, statutes of limitations are activated the day of injury. For example, if you were injured yesterday in an auto accident, the restrictive time period in which you must file your personal injury lawsuit began yesterday.

However, many personal injury victims are not aware until well after they are harmed that someone else may be to blame for their injuries. In such cases, statutes of limitations become active when the injury is discovered. For example, if a surgeon leaves a medical instrument inside a patient's body and that patient seeks treatment a month later for severe pain, the statute of limitations begins the day the mistake is discovered. But if a patient delays treatment for months after first experiencing pain, the statute of limitations begins not the day he is diagnosed but rather, the day he first noticed symptoms. Delaying treatment does not extend the statute of limitations.

How to Learn More about Personal Injury Law and Statutes of Limitations

If you would like to learn more about Florida's statute of limitations and personal injury law, contact Mr. Kennedy for a free consultation.

What is liability insurance?

If you or a loved is at fault in a car accident, liability insurance pays for the damages that you cause to someone else. It does not pay for your own damages. There are two kinds of liability insurance: bodily injury and property damage. Bodily injury expenses include medical bills, rehabilitation expenses, and lost wages. Property damage expenses include the repair or replacement of any items belonging to another person that you damage or destroy.Every state except few requires some level of liability coverage.

To find out what your state requires, you can check with your state department of insurance. There you can find information about minimum coverage requirements, along with links to websites maintained by each state's department of insurance.

Who is usually covered by automobile liability insurance?

Liability insurance usually covers the following people:

Named insured. This is the person or people named in the policy, no matter what car they are driving.

Spouse. Even if the spouse of the named insured is not named on a policy, liability insurance almost always covers him or her, unless the couple does not live together.

Other relative. This refers to anyone living in the household with the named insured who is related to the insured by blood, marriage or adoption, usually including a legal ward or foster child.

Anyone driving the insured vehicle with permission. Someone who steals the car is not covered.

Which vehicles are normally covered under an auto insurance liability policy?

Named vehicles. An accident in a non-named vehicle is covered only if a named insured (see above) was driving.

Added vehicles. This includes any vehicle with which the named insured replaces the original named vehicle, and any additional vehicle the named insured owns during the policy period (you may be required to notify the company of the new or different vehicle within 30 days after you acquire it).

Temporary vehicles. A temporary vehicle is any vehicle, including a rental vehicle, that substitutes for an insured vehicle that is out of use because it needs repair or service, or has been destroyed.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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