Available 24/7When an accident happens, it can be hard to know what to do first. If you’re hurt in a personal injury accident, you may wonder how long you have to begin a claim.
As an injury victim, it’s important to know that a time limit exists in personal injury cases. This time limit is set by the statute of limitations. These laws establish a legal deadline that can vary based on the type of case you have and certain details. In some circumstances, you must work quickly to begin your claim. Our personal injury attorneys help our clients understand the time limits in their personal injury cases.
Our lawyers know that the time limit in any personal injury case is very important. In fact, understanding the statute of limitations is key to receiving the compensation that an injured person deserves for their injuries.
At Sargent Law Firm Injury Lawyers, our Coeur d’Alene personal injury lawyers are experienced in all the tasks needed to help our clients following an accident caused by negligence. Contact us for your free consultation. See how the statute of limitations applies and how we can help you with your case.
What Is a Statute of Limitation?
A statute of limitations is a law that creates a legal deadline for filing a lawsuit against another party. When you’re hurt in a personal injury accident, you have until the end of the statute of limitations in your case to start your personal injury lawsuit. The victim must take the first legal step to begin their case by the time the deadline expires.
Claims vs. Lawsuits
It should be clarified that claims and lawsuits are not interchangeable. Although some people mistakenly use them indiscriminately, there is a difference between the two legal terms. A claim is filed with the insurance company of the at-fault party. Filing a claim is the first step in pursuing compensation for your injuries and losses. The insurance company will have deadlines for filing a claim, but their policies must comply with state law, and that includes the statute of limitations.
Lawsuits are filed with the courts when the two parties cannot resolve a claim. The two parties present their evidence and arguments to a judge or jury to decide on the best resolution.
There are additional steps involved in a lawsuit before a case even gets to trial, but the initial complaint must be filed before the statute of limitations expires.
What Is the Statute of Limitations for Idaho Personal Injury Cases?
The statute of limitations for most personal injury cases in Idaho is a two-year time limit. Usually, the victim has two years to bring a personal injury lawsuit for financial compensation. There are some important exceptions that may extend or shorten that deadline.
For cases involving personal injury and wrongful death, the statute of limitations is found under Idaho Statutes § 5-219. However, for claims against government agencies and employees, the statute of limitations is Idaho Statutes § 6-905, which is substantially shorter at six months.
What Are the Exceptions to Idaho’s Statutes of Limitations?
Exceptions to the statute of limitations are based on the type of case, who the defendant is, and the age of the victim. Here are some circumstances where the statute of limitations may be different:
When the Victim is a Minor
If the victim of a personal injury is a minor, they may receive extra time to bring their personal injury lawsuit. Under Idaho personal injury law, a child victim usually has up to two years after their 18th birthday. This exception could extend the time limit by many years. However, it’s still best to talk to our lawyers as soon as possible about your case.
When the Injury Isn’t Discovered Until Later
Sometimes, you don’t know that you’re injured right away. If an injury isn’t discovered until sometime later, you can bring the lawsuit two years after you realize that you have been harmed. An example may be if you have surgery, and a sponge is left in your body. Once you realize there’s a problem, you have two years to make your case.
If the Defendant Is a Government Entity
When the defendant is a government entity, the statute of limitations is much shorter. You must file a notice of claim within 180 days. The notice must comply with specific requirements so that the government agency can evaluate the claim.
In Idaho, the two-year time limit is the same for general personal injury lawsuits and wrongful death lawsuits. However, another law called a statute of repose may also affect the time you have. These statutes can limit the time frame of a case under certain circumstances. In most cases, two years is the limit, unless an exception applies.
How Do You Comply With Idaho’s Statute of Limitations?
Knowing what the statute of limitations is, the next question is how to comply with it. It may seem like reporting the accident to the insurance company or to the business involved is enough. After all, it puts the defendant on notice of the injury. However, just filing an insurance claim or telling the defense about the injury isn’t enough.
To comply with the statute of limitations, the victim must formally file their lawsuit. For claims against private parties, that means filing a summons and complaint to start a court case. The case doesn’t have to be resolved by the end of the statute of limitations. It must be filed by then. Filing the formal court documents is the only way to make sure that you’ve met the statute of limitations.
Why Is There a Statute of Limitations?
The statute of limitations exists to make the legal process fair, and to give people a timeline. Evidence is more readily available shortly after the injury occurs. Over time, witnesses can forget important details. Documents can be harder to find. The statute of limitations exists to give the parties finality and to make sure legal proceedings are fair.
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What Happens If You File Your Case After the Statute of Limitations Expires?
If you miss the statute of limitations, your case could be dismissed. Even if you have a great case, if you don’t file on time, it can prevent you from receiving compensation.
Most parties will try to avoid going to trial to resolve their claims. Trials can be expensive, which is why the right to file a civil lawsuit against the negligent party is often used as leverage during settlement negotiations. However, if you lose that right by letting the statute of limitations expire in your case, you may be stuck accepting whatever settlement the insurance company feels is fair.
Begin Your Personal Injury Case With Sargent Law Firm Injury Lawyers Now
We represent personal injury victims in Idaho. Let us help you with every aspect of your case.
There are a lot of things to do when you’re hurt in a personal injury accident. Our lawyers can help you with every part of your claim, including understanding the time limits and making sure that you meet deadlines.
When we manage your case, we will:
Investigate Your Case
Our legal team will visit the accident scene and collect the evidence necessary to prove the responsible party’s fault. We will collect such evidence as:
- Police reports
- Medical records
- Eyewitness statements
- Photographic and video evidence
If necessary, we will consult with expert witnesses for their testimonies.
Pursue All Damages You Have Suffered
We will compile a record of all the damages you have suffered in your accident and submit it with your demands in your insurance claim. There could be a wide range of damages in your case, which may include any of the following and more:
- Medical bills
- Lost income
- Pain and suffering
- Disability
- Loss of consortium
We will make sure to address not only your current losses, but any hardships you may face in the future.
Communicate on Your Behalf
From taking phone calls to negotiations, we will handle all communications for you, allowing you the peace you need to rest and recover. We will protect you from saying something that may be used against you later. Let us speak with the insurance companies. Also, while you are recovering, we recommend that you stay off social media. The opposing lawyers can also use posts against you.
Represent Your Interests in Court
If we cannot reach a fair settlement, we will take your claim to court, where we will present our evidence and arguments.
Learn More About Your Personal Injury Case Today
Working with Sargent Law Firm Injury Lawyers is easy. After you sign up with us, we take care of everything. We understand all the legal issues that are important to bringing your case, including following the statute of limitations. With a reputation for honesty, exceptional client service, and impressive case results, we’re proud of our history of helping victims and their families.
Contact us for a consultation about your case. We know how hard it is to be a personal injury victim, and we’re here to help. Call or message us today.
