Time limit on personal injury cases

Whenever we have suffered an injury or loss in the context of a traffic accident, a fall, a medical procedure or in our work environment, under the negligent or intentional action of an individual, we must know that we are dealing with a personal injury case. 

If we make a claim, the person involved must exercise legal liability, which, in these types of cases and as long as their action is not criminalized, will be linked to financial compensation for the victim.

In this regard, we should know that the cases for making the claim are subject to specific conditions that we should not lose sight of so that our testimony can be taken into account by the administration. 

Among the most important conditions in this type of process are the time limits that will be fundamental both when making the claim and when receiving compensation for it. As we will see, although some issues related to personal injury are subject to specific time limits, it is particularly useful to have the assistance of an injury lawyer in order to better organize our actions when making a claim and to solve our specific doubts in the field.

Time limit on personal injury claims

When it comes to establishing the time limits for the legal claim, there are factors such as the age of the affected person or the type of damage, which will be decisive.

In most cases, for a person of legal age, the maximum claim period is three years from the date of the accident. For a minor, however, the claim period may be extended, since the maximum of three years will start on the day the person reaches the age of majority.

The personal injury cases in which the claim date may vary are those that are related to medical malpractice. In these instances, the three-year period will start to run from the time the malpractice was diagnosed and not from the time the malpractice occurred.

The same applies in the case of damage caused by defective drugs or products. In this case, the three-year period starts to run from the onset of symptoms and not from the date of exposure to the substance.

Time limit on personal injury compensations

In this case, the time limits are subject to a number of factors, which, in combination, can considerably shorten or lengthen the period within which compensation will be received. These factors are:

  • The possibility of going to court: when no agreement is reached between the parties or between the insured and the insurer.
  • The amount of compensation: in many cases, in order to establish the amount of compensation it is necessary to take into account data from various sources, such as medical bills, expenses arising from the victim’s incapacitation, lost wages due to abandonment of work, compensation for pain and suffering, and fines arising from criminal actions of the person involved.

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