The statute of limitations dates back to early Roman Law and is the deadline for filing a lawsuit. Once the statute of limitations runs out, the legal claim is no longer valid. This is designed to prevent fraudulent claims from arising after all evidence has been lost. The statute of limitations is a defense that is typically asserted by the defendant to defeat a claim brought against them after a certain amount of time has passed.
The time period in which to file a claim varies for case types. Personal injury claimants generally have two years from the injury to file a claim. If an individual does not file a claim before the statute of limitations runs, the individual will be unable to move forward with his or her case in a court. It is important that the statute of limitations is established early on in a case to ensure that there is plenty of time to file your case in court if necessary.
If you have been injured in an accident, it is important to contact a lawyer soon after your injury occurs so that you do not miss the statute of limitations. Every case is different. An experienced attorney can assist you in determining the time frame you have in which to file a claim in court.
If you have any questions about the time you have to file a claim, contact our attorneys for more information.
Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.
We offer a free initial consultation at our office in the Manchin Professional Building — our home since 1983 — conveniently located in Fairmont.
If you are unable to visit our firm, we can come to your home or hospital room.
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