The statute of limitations for personal injury cases varies by state, but generally ranges from 1 to 3 years. Based on the statute of limitations, your attorney will begin drafting the complaint. The statute of limitations in personal injury cases ranges from one year to six years, depending on the state. For more information about the law where you live, see your state's statute of limitations.
As noted above, the time period will vary depending on the extent of the injuries and the number of parties involved. Often, a case will last one year from the date of filing the complaint to the settlement. It could also be six months. In only a minority of cases, a personal injury lawsuit will take two to three years to resolve.
To seek compensation for their injuries and the resulting damages, the injured victim can file a personal injury lawsuit against the at-fault party. Under South Carolina law, the injured party has three years from the date of the personal injury incident to file a claim for damages. However, if the victim does not file their claim before the three-year deadlines, they are prohibited from filing a lawsuit for that personal injury incident. Relying on the discovery rule is not an option in many types of personal injury cases (those that stem from car accidents or dog bites, for example).
There is a lot more work that a personal injury lawyer will have to do, but the first thing that could delay a case is the type of injury. A personal injury lawsuit is initiated by purchasing an index number and filing a subpoena and lawsuit against all defendants. Contact a South Carolina personal injury lawyer at The Steinberg Law Firm for a consultation regarding your particular legal situation. Personal injuries can wrinkle medical bills, hinder your ability to work, and have an emotional impact on you and your family.
Once the client has finished receiving medical treatment or has received a sufficient amount of medical treatment, their personal injury lawyer will request the medical records of each hospital, physician, radiology center, and physical therapy center. Therefore, if the statute of limitations for filing a personal injury claim is three years and the defendant was out of state for one year after the accident, the statute of limitations in your case would be extended by another year. If your personal injury case cannot be resolved and a lawsuit is initiated, you will not appear at court conferences. Every personal injury client at Brown & Crouppen has a legal team with attorneys and paralegals who have years of experience.
To get an idea of the average time it can take to resolve a personal injury case, you should consider each part of the personal injury claim process. The statute of limitations deadline has probably passed (although your lawyer could argue that continuous exposure amounts to continuous injury), so perhaps the only way to file a personal injury claim for your exposure to asbestos is to rely on the discovery rule. Once a personal injury case is included in the court's trial schedule, it usually takes 18 to 24 months before the trial takes place. In a nutshell, the longer it takes to complete medical treatment, the longer the personal injury claim usually takes.
In a personal injury lawsuit or lawsuit, an attorney must be able to prove that the other party caused injuries as a result of negligence to resolve or win a case for their client.