If someone is hurt or damaged, most people understand that there are deadlines for making claims. What people may not understand is that there are many different types of time limitations. Usually, the deadlines are found in our state statutes. Deadlines for the same types of injury differ greatly depending on the state.
Limitations in typical car accident cases can range from one year to six years, depending on where the injury occurred. If a case is not settled, the injured person may have to file a formal lawsuit before that date to protect their rights.
Workers compensation cases typically range from one year to twelve years, and in some cases, there are no deadlines at all. The injured employees often have to follow the deadlines in the states where they were employed—even if the injuries occurred somewhere else. If the cases are not settled by the deadline, each state has its own procedure for filing some sort of formal claim or appeal.
Deadlines for other types of cases are scattered throughout our statutes and at times are very confusing, such as the Wisconsin Legislature’s one-year deadline for “fire insurance” cases, when it really applies to many different types of property damage claims.
In addition to these statutes of limitation, there are many other deadlines that can also impact a case. They might require that a formal notice of injury is given or that a claim is formally presented to some government employee within a very short period of time. Sometimes there is a contract that applies (such as an insurance policy), that has its own short deadlines hidden within hundreds of pages of complex legal jargon. Other deadlines have come from our courts based on what seems fair.
In summary, deadlines for making claims come from many different places, and it would be very difficult to be aware of all of them unless it is something that you do every day. If you have been injured, please call an experienced attorney as soon as possible to avoid missing important deadlines.
If you have any questions, please feel free to contact us.
