There are a number of elements that affect a personal injury claim and that have a direct bearing on whether or not you will receive compensation for such a claim. One of the key elements that affects a personal injury claim is the statute of limitations or the associated deadline as to when you may file a personal injury claim. This article will discuss whether or not an individual can extend the statute of limitations deadline in a personal injury case.

In order to fully understand the effect the statute of limitation has on your personal injury case it is necessary to know what a statute of limitations is. According to the Cornell Law School Legal Information Institute, statute of limitations is defined as “any law that bars claims after a certain period of time passes after an injury. The period of time varies depending on the jurisdiction and the type of claim.” It must be noted that “statutes of limitations exist for both civil and criminal causes of action and begin to run from the date of the injury or the date it was discovered or the date on which it would have been discovered with reasonable efforts. Many statute of limitations are actual legislative statutes, while others may come from judicial common law.” With regards to a personal injury lawsuits, a statute of limitations is a state law that sets a strictly enforced limit on the amount of time that can pass between the following events:

The underlying harm (this is usually with reference to the date of the accident that occurred which caused the claimed injuries)

The filing of a lawsuit over the incident

Generally, it must be noted that if you fail to file a personal injury lawsuit before the filing deadline has passed there is a high chance that your case will be dismissed. A Crowson Law Group attorney stated the following in this regard, “no matter how badly you were hurt and regardless how clear the defendant is at fault for your injuries unless you have legal grounds to extend or alter the deadline the chances are that your case will simply be dismissed without even being heard. Hence the importance of understanding the statute of limitations deadline and any applicable exceptions that might extend it; these are crucial to the prospects of any personal injury lawsuit.” 

It is important to note that in a similar way that the statute of limitations of each state differs. There exist slight differences in the rules with regard to the circumstances that can extend the statute of limitations deadline. Below are a few common scenarios that are able to pause the statute of limitations ‘clock’ or extend the applicable deadline for filing a personal injury lawsuit:

The injured person was a minor at the time of the injury - this effectively pauses the clock on the statute of limitations to when the individual turns 18 and a day.

The injured person was legally incapacitated or had been declared legally incompetent at the time of the injury. For example, an individual is in a coma for an extended period of time.

The defendant left the state or took steps to conceal himself or herself within the state before the personal injury lawsuit could be filed.

The defendant fraudulently or wrongfully attempted to conceal the occurrence of the injury or his or her role in causing the injury.

To learn more about the exceptions to the statute of limitations that apply in the state of Alaska hire Anchorage Alaska attorneys to represent your interests in a personal injury lawsuit.

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Crowson Law Group is a law firm of renowned professionals who focus on personal injury matters. If you are looking for the best Anchorage attorneys contact the Crowson Law Group today.