Have you heard of the legal terminology “statute of limitations”? Do you know what this means and what is the importance of knowing the statute of limitations prevailing in the state where you live or where a particular accident happened?
Statute of limitations refer to the time frame or period of time that a person who suffered personal injuries in an accident should file a personal injury case. The law sets forth this time frame basically for two (2) reasons. First is to give the victim the necessary leeway within which to file for a particular period of time, his or her personal injury lawsuit. This will serve as a guideline for the victim within which to enforce his or her right by filing the personal injury lawsuit in the proper courts. This way, the victim will not be in haste nor be pressured in filing the personal injury case. Instead, he or she will be given a sufficient period of time after the accident to make and file the claim against the person who has caused him personal injuries in the accident. Secondly, the statute of limitations will also serve as a limit for the victim. He or she must file the personal injury lawsuit within that particular time, otherwise, upon its expiry, his or her cause of action will be barred and no claim can anymore be made regardless of the strength of the victim's personal injury case. After the lapse of sufficient time, the law considers the victim to have slept on his or her rights. Laches come into the picture which means that the law will no longer entertain any claim by the victim since there is already a presumption that the victim is not interested to pursue any claim for the accident that he was involved in.
So, in order for your personal injury claim not to be barred by the statute of limitations, prompt action should be made. Asserting your rights and interests within the period of time prescribed by the statute of limitations should be done in accordance with the period set forth by law.
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