Did you know that there are 39.5 million personal injury cases requiring medical treatment in the US annually?
Personal injuries happen when you get hurt due to someone else’s actions or carelessness. This is not limited to physical harm but also includes emotional and financial harm.
Time is crucial when it comes to seeking claims for physical injury cases. The law provides a statute of limitations for victims to file a claim. But some situations require exceptions to give them more time.
One example is minor injuries that are not discovered right away. Another is when the other party hides their fault. For such cases, the deadline may be extended. Personal injury attorney Aaron Meyer suggests having someone you can trust handling your claim within the deadline, gathering evidence of fault, and making sure your rights are fully protected against insurance companies and third parties.
Let’s explore the exceptions that can extend the statute of limitations in personal injury cases.
Discovery Rule
When you discover harm or injury caused by someone else, the clock on the statute of limitations doesn’t always start ticking immediately. This is where the discovery rule becomes relevant.
This rule allows you to file a lawsuit after you learn of the injury and its cause, even if it’s past the deadline. It is essential to note that the law accepts that all injuries are not quick to show signs of existence.
There are instances where you might be unaware of the wrongdoing. With the discovery rule, you will be provided a period of time to gather evidence. You can have time to gather your thoughts to prevent any hasty decisions that could negatively impact your future.
In South Carolina, the statute of limitations for most personal injury cases is three years. But the discovery rule can extend that timeline in some cases.
The community’s support can be invaluable in handling such complex situations.
Minority and Incapacity
If victims are minors or incapacitated at the time of injury, the statute of limitations may not apply. This is to make sure they do not lose the right to seek justice due to their inability to act at the very moment.
Courts admit that extra time may be given to young people or to those growing older with some form of mental or physical challenge, depending on the situation. If you become legally able, time starts running once again.
It is crucial to know the rights and periods to protect yourself. It would serve you well to surround yourself with people who will listen to you in this process and offer you help in getting a verdict.
Whatever status you had at the moment of injury, you have the right to seek justice.
Fraudulent Concealment
Fraudulent concealment can significantly impact your ability to file a claim within the applicable statute of limitations. When you hide facts purposefully or mislead another over a situation, such action can delay the discovery of harm.
Such deception keeps a victim from knowing of a wrongdoing, while the limitation period may not begin to run until such time as the victim discovers said wrongdoing, thereby truly lengthening the time period for seeking remedies.
Watch out for any signs of concealment that could serve as your cue to fight back. Remember, you deserve to be heard, and knowing your rights will give you an edge within your community.
Equitable Tolling
Equitable tolling is used to gain extra time, under some situations, to file within the statute of limitations. The idea behind this principle is that life does throw unexpected hurdles in your way—needs such as serious illness or erroneous information that could block you from timely filing of the claim.
If you are in such a scenario, you should act quickly in obtaining evidence for your case. Keep a record of what has transpired and make sure to talk to an attorney since not every case will apply to equitable tolling.
In knowing the concept of equitable tolling, you empower yourself to handle the law and fight for your rights, bringing yourself a bit closer to being accepted in a system largely unwelcoming to you.
Continuing Violations
If violations continue to repeat themselves with the passage of time, the statute of limitations might cease to operate in the consecutive way, thereby letting you pursue a claim outside the usual time frame allowed.
This is what is called continuing violations, wherein some actions can produce enduring effects. If you experience ongoing harm due to workplace discrimination or environmental damage, it’s possible that each instance of such harm triggers a new clock. It is essential to keep a record of every act so as to assist the claim and to prove the continued violations.
If you understand this exception, you will feel inspired to fight for justice and help your community so that no one feels alone in the fight against unending wrongs.