If you are thinking about filing a claim for a spinal cord injury, you must be aware that the timeframe in which to file is limited. Many things affect the statute of limitations for a spinal cord injury case
Statute of Limitations
Statutes of limitation laws vary from state to state. The time the injury was diagnosed, the kind of injury, the victim’s age, and the party against whom the suit will be filed all figure into the length of time you are allowed for filing a claim.
When the Injury is Discovered
Some states count the date of the accident as the beginning of the time allowed for your claim, while other states count from the day the injury is actually diagnosed as the beginning of your timeframe. Spinal cord injuries are generally immediately obvious, but it can take weeks before the amount of recovery the patient may expect is known. The degree of a spinal cord injury is an important determinant in the amount of compensation awarded.
Type of Injury
The kind of injury affects the statute of limitations. The regulations may make allowances for injuries which are slow to appear or difficult to determine the extent of.
Age of Victim
Survivors who suffered a spinal cord injury as a child are sometimes allowed to file a personal injury claim regardless of when the injury occurred. SCI’s caused by medical malpractice generally do not qualify for this allowance.
Claims against the Government
Special regulations apply to filing a claim against a government agency for your spinal cord injury. Government agencies must be notified in writing of your intention to file a claim. Frequently, you only have sixty days after the accident to do so.
How an Experienced Attorney Can Help
If you are thinking about filing a claim for a spinal cord injury, consult an experienced spinal cord injury attorney. He or she will advice you of your options and file the claim for you in a timely, effective manner. The way in which a case claim is stated plays a great role in the final outcome of the case. The attorney must effectively state the circumstances of the injury, and the extent of the injury, as well as the reason the plaintiff thinks that the defendant is legally liable for the injury occurring. If you are thinking about filing a claim for a spinal cord injury, contact a personal injury attorney who is experienced in advocating spinal cord injury cases as soon as possible. Experienced attorneys are best able to win your case and get you the compensation you deserve.