Accidents often happen that are out of your control but could have been prevented by someone else. As a construction worker, you can get hurt by a poorly maintained piece of equipment. As a public transit commuter, you could be involved in a bus accident caused by reckless driving. You could slip and fall one day at the office because someone didn’t warn you about a wet floor. These are just a few ways that you can end up suffering serious conditions like traumatic brain injuries or spinal cord injuries.
If you’ve been injured because of someone else’s negligence in Albuquerque, NM, you’re entitled to pursue a personal injury claim. But you need to get clarity and act fast. Effectively claiming your legal protections and deserved compensation starts with understanding what is called a statute of limitations.
What is a Statute of Limitations?
If you are injured due to someone else’s negligence, you’re protected by a statute of limitations. U.S. Legal defines a statute of limitations as a law which sets the maximum period which you can wait before filing a lawsuit. The time period depends on the type of case or claim, and varies by state. What’s essential to know is that if a lawsuit or claim is not filed before the statutory deadline, the right to sue or make a claim is lost forever.
When Does the Clock Start Ticking on Your Claim?
In most situations, the clock starts on your “date of harm,” according to Nolo. However, there is a significant exception to this rule. This exception exists to protect accident victims in situations
where they may not be aware that they were injured until months or even years after the “date of harm.” For example, many spinal injuries or traumatic brain injuries take some time to develop obvious symptoms. In situations like this, the statute of limitations may not start the clock ticking until the “date of discovery.” FindLaw defines the date of discovery as the moment when the plaintiff (the person filing suit) knew or should reasonably have known that they had suffered harm, and understood the nature of that harm.
What is Your Timeline?
Due to the delayed discovery of some injuries as discussed above, the statute of limitations clock can start ticking at three different times:
● The date of harm.
● The date on which the plaintiff reasonably should have discovered the harm.
● The date on which the plaintiff actually discovered the harm.
Because of the unique situation and complexity of every case, it’s highly advisable that you consult a personal injury lawyer to define exactly how long you have to pursue a lawsuit, and what kind of lawsuit(s) you can pursue.
How Can You Act Efficiently Before Your Time is Up?
If you are a victim of a personal injury accident, or you know someone who is, you need to act fast! At The Law Office of Brian K Branch, PC, we care about your rights! No matter how complicated your case is, Brian K. Branch will work tirelessly to achieve your best possible outcomes. Don’t let the clock run out on your case! Get justice before it’s too late! Call 505-207-4401 or contact us online!
Law Office of Brian K Branch, PC
715 Marquette Ave. NW
Albuquerque, New Mexico 87102