Frequently, I get calls from people who have been injured and have reason to believe that they have a claim against a person or company that injured them. They just don’t know how much time they have to file a lawsuit.
“Is it too late for me to file my lawsuit?”
Is it too late to sue my employer for my workplace injury? Is it too late to sue the company and driver of the 18-wheeler that hit me?
These are scary questions to confront but don’t be afraid to ask thm. You will never know if your claim is still viable unless you ask a lawyer or do some thorough legal research on your own. Depending on the type of lawsuit and where it needs to be filed, it can sometimes be a trickier question that you might think. So, it’s a safe bet to call a lawyer.
To answer this question, you need to figure out the relevant statute of limitations to your particular lawsuit. To figure out what statute of limitations applies to your lawsuit, you need to determine the state that it must be filed in and the type of lawsuit.
Probably, the biggest source of confusion is the fact that different states have different statutes of limitations for the same types of lawsuit. You may have only one year to file or in rare cases, as many as four years to file for a personal injury lawsuit.
Also, different types of civil lawsuits have differentstatute of limitations periods. For example, most personal injury lawsuits in Texas must be filed two years from the date of injury. But, if you happen to be a seaman who lives in Texas and you want to bring a personal injury lawsuit against your maritime employer for an on the job incident, you may have three years to file that particular case.
Ask the question. Even if you think you might be too late, its worth asking—you might be surprised.