The statute of limitations is a time period in which you are eligible to file a personal injury claim regarding an accident that caused serious damages. It’s important that you are aware of the deadlines for your case, as they vary depending on the nature of the accident and parties involved.
Statute of Limitations for Personal Injury
If your personal injury claim is in regards to a standard personal injury not involving a government entity or medical malpractice you have 2 years from the date of the accident to file your claim. Standard personal injury accidents include but are not limited to:
- auto accidents
- pedestrian accidents
- slip & fall (premises liability)
- construction site accidents
- dog attack
- birth injury
Even with the 2-year time period, you should speak to an attorney as soon as possible to begin working on your claim. Cases involving a minor child or an incompetent adult may extend beyond the 2-year period, depending on the nature of your claim. The sooner your claim is filed, the better chances it has in court and the sooner you can receive your settlement.
Statute of Limitations for Government Claims
If your injury claim is against a government entity you have 2 years to file your claim. If you were injured on public property such as a sidewalk or other city/county maintained area you will file your claim against that city. If your accident was caused by a Hawaii state employee or on state property, you will file your injury claim against the State of Hawaii.
Statute of Limitations for Medical Malpractice
If your injury claim is in regards to a medical malpractice or professional negligence accident you have 2 years to file from the date when you became aware of the negligence of the professional and the injuries that resulted. It is highly advised you obtain the guidance of an attorney if you are seeking to file a medical malpractice claim, as they can become quite complicated.
In a medical malpractice claim you must be able to support the reason for the time lapse between the medical procedure and discovery of the malpractice. Extensive medical proof and patient testimony will be necessary.
Acting promptly to satisfy the statute of limitations deadlines after a serious accident is crucial to recovering a substantial settlement for your damages. Attorneys at Davis Levin Livingston will fight for your rights while you focus on healing. Contact us today for a free case evaluation – 866-806-4349.