Understanding the statute of limitations for a personal injury is crucial for anyone seeking justice. This legal timeframe determines how long an injured party must file a lawsuit to seek compensation. Failing to file within this window can result in losing the right to sue. In Wilkes-Barre, PA, the statute of limitations for personal injury claims is generally two years from the date of the injury. However, there are exceptions to the statute of limitations; therefore, consulting with a Wilkes-Barre personal injury attorney, such as those at Munley Law, is critical for accurate and timely guidance.
What is a Statute of Limitations?
A statute of limitations is a law setting the maximum time after an event where legal proceedings may be initiated. For personal injury claims, it is the time limit set by law for an injured party to file a lawsuit against the at-fault party.
This timeframe is crucial as it ensures timely and efficient resolution of legal disputes. However, there are exceptions to the statute. These exceptions include:
- Discovery of Harm: In some cases, the injury or its full extent may not be immediately apparent to the victim. The statute of limitations may begin from when the injury was discovered or reasonably should have been discovered rather than the date of the incident itself. In these cases, proper medical documentation showing the injury was related to the accident is critical.
- Minors: For minors, the statute of limitations typically does not begin until they reach the age of majority. This means a child injured before age 18 may have until they turn 20 to file a claim. However, a parent or guardian can still file a claim on the child’s behalf before age 20.
- Claims Against the Government: Injury claims against the government have a significantly shorter time limit to make a lawsuit. Because of this, having a= Pennsylvania personal injury lawyers represent you can be instrumental in having a successful outcome.
When an injury becomes a complex legal claim, assistance from experienced professionals like those at Munley Law becomes invaluable in navigating the legal process.
Consequences of Missing the Deadline of a Personal Injury Claim
Failing to file a personal injury claim within the statute of limitations carries significant legal consequences. The largest is the loss of the right to sue. Claims filed after the deadline are typically dismissed without evaluating their merits.
This dismissal bars the injured party from receiving compensation for damages like medical expenses, lost wages, and pain and suffering and denies them legal recourse against the responsible party.
Further, it can weaken the injured party’s negotiating position if an attempt is made to settle out of court. Because there is no legal requirement for the at-fault party to pay out for the injuries, the insurance company is less likely to do so.
Adhering to the statute of limitations is crucial. Injury victims should do everything possible to begin the legal process with a PA personal injury lawyer as soon as possible to protect their rights.
Types of Personal Injury Cases
Personal injury law encompasses a wide range of accidents and claims. Understanding the types of cases allows victims and their families to be more proactive in the legal process and ensure they meet the deadlines for filing a claim or lawsuit.
Common personal injury cases include:
- Auto Accidents: A car accident or those involving a truck, motorcycle, or other vehicle collisions are some of the most common reasons for a personal injury filing. Responsible parties could be another driver, a vehicle manufacturer, or even a government entity responsible for road maintenance.
- Slip and Fall Accidents: These accidents occur when an individual falls and suffers an injury due to unsafe conditions on someone else’s property, such as wet floors, poor lighting, or icy walkways. Property owners or managers may be liable.
- Medical Malpractice: When healthcare professionals, like doctors or nurses, provide inadequate care that leads to injury or worsens an existing condition, it falls under medical malpractice.
- Workplace Injuries: Workplace injuries can be mild to severe and may even result in chronic injuries that worsen with time. Personal injury attorneys often help victims recover compensation in a worker’s compensation claim.
- Product Liability: When a product causes injury, harm, or illness, victims can file a product liability claim.
- Wrongful Death: If someone’s death is caused by the negligence or misconduct of another person or entity, they have a right to a wrongful death case. These claims may stem from any of the aforementioned accidents or incidents.
Each type of personal injury case has specific legal requirements, and the statute of limitations may vary depending on the case’s nature and who is being sued. This makes it all the more important to have specialized legal guidance from the very beginning.
The Wilkes-Barre Personal Injury Attorneys at Munley Law Help Victims Recover Compensation
The statute of limitations for personal injury claims in Wilkes-Barre is generally set at two years from the date of the injury. However, because there are exceptions to the rule, having trusted legal advice is critical for a successful claim.
Munley Law understands the complexities of recovering from an injury and the strain it puts on families as medical bills pile. Our experienced team can provide the necessary guidance, support, and representation to ensure your rights are protected and you receive the compensation you deserve.
We have helped victims pursue compensation for:
- Medical expenses
- Lost income
- Property damage
- Punitive damages
We can do the same for you.
If you or someone you know has been injured and is considering a personal injury claim in Wilkes-Barre, don’t hesitate to contact Munley Law. Call or connect with us online today for a no-obligation, free consultation.
Munley Law Personal Injury Attorneys
1170 PA-315
Wilkes-Barre, PA 18702
(570) 399-0406
Wilkes-Barre Practice Areas
