When a personal injury 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 a victim, it’s important to know that a time limit exists in personal injury claims. It can vary based on the situation. In some circumstances, you must work quickly to begin your claim.
Helping our clients understand time limits in personal injury cases
Our lawyers know that the time limit is very important in any personal injury case. In fact, understanding the statute of limitations is key to receiving the compensation that you deserve for your injuries.
At Sargent Law Firm, we are experienced in all the tasks needed to help our clients following a personal injury accident. 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 Limitations?
To follow the statute of limitations, it’s important to start by understanding what the statute of limitations is. A statute is a law. A statute of limitations is a law that creates a time limit for bringing a legal claim.
A statute of limitations is a law that creates a time deadline for starting a new legal claim. When you’re hurt in a personal injury accident, you have until the end of the statute of limitations to start your claim. The victim must take the first step to begin their case by the time the deadline expires.
What Is the Statute of Limitations for Idaho Personal Injury Cases?
The statute of limitations for most personal injury cases in Idaho is two years. Usually, the victim has two years to bring a claim for financial compensation. There are some important exceptions where the time limit may be longer or shorter.
The statute of limitations is Idaho Statutes § 5-219. For claims against government entities, the statute of limitations is Idaho Statutes § 6-905.
What Are the Exceptions to Idaho’s Statute of Limitations?
Exceptions to the statute of limitations are based on the type of case, who the defendant is and even 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 claim. In Idaho, a minor usually has up to two years after their 18th birthday. That can 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 claim two years after you realize that you have been harmed. An example may be if you have surgery, and a sponge is left in the 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 tort claims notice within 180 days. The notice must comply with specific requirements so that the government agency can evaluate the claim.
In Idaho, the two-year limit is the same for general personal injury claims and wrongful death. It even applies to product liability claims, although another law called a statute of repose may also apply that can limit the time frame of a claim. 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, that 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 claim. 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.
What Happens If You File Your Case After the Statute of Limitations Expires?
If you miss the statute of limitations, it can result in the dismissal of your case. Even if you have a great case, if you don’t file on time, it can prevent you from receiving compensation.
Contact Sargent Law Firm to Begin Your Personal Injury Case 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.
Working with Sargent Law Firm 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 claim including following the statute of limitations. With a reputation for honesty, exceptional client service and impressive case results, we’re proud of our history 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.