Deadlines for Filing Personal Injury Claims in Philadelphia

Statute of Limitations for Personal Injury Claims

Victims of Personal Injury are, by law, entitled to compensation. However, such is not absolute. Statute of limitations provides for the period to which a claim may be filed. Statute of limitations varies depending on the basis of claim. For personal injuries, claims arising therefrom shall be filed within two (2) years from the occurrence of the incident. Therefore, the two-year prescription period commences from the day of the incident, and the claim may be filed from said date until prior expiration of the two-year period.

Failure to follow the statute of limitations has serious repercussions. Therefore, it is imperative to consult with a Personal Injury Lawyer to assist you with your claim.

Exceptions to the Statute of Limitations

While the law is stringent in the implementation of statute of limitations, this is not to say that it does not admit exceptions. The prescription period of two years is only the general rule. The three exceptions are as follows.

Minority is the first exception. Minor, for this purpose, are those whose ages are below eighteen. A minor who is injured is given more time to file his claim. Under this exception, a minor who is a victim of physical injury may file his claim even after the lapse of two years from occurrence of the incident. When the victim is a minor, the reglementary period does not commence from the occurrence of the incident, but rather on the eighteenth birthday of said minor. Therefore, such a minor has until its twentieth birthday to file his claim.

Mental Incapacity also tolls the prescription period. A mental incapacitated person is one who does not know his right, and is unable to knowingly and intelligently assert it. Therefore, if a mentally incapacitated is a victim of physical injury, the prescription period is tolled until said mentally incapacitated person becomes competent.

Discovery is also one of the exceptions for the two-year prescription period. Under this exception, the two-year prescription period commences only at the time of discovery or when the cause of injury, which is the negligence of another, becomes known to the victim. This exception is often invoked in medical malpractice cases.

Consequences of Missing the Deadline for Filing

While the law grants compensation to the victim of a personal injury, certain repercussions have to be dealt with for failure to assert one’s right arising therefrom. Failure to timely file may be deemed as waiver of right which perpetually bar the cause of action.

Following its serious repercussions, it is highly recommended to consult with a Philadelphia Personal Injury Attorney to assist one in the timely and competently asserting rights and claims.

How a Philadelphia Personal Injury Lawyer can Help you Meet Deadlines

Philadelphia Personal Injury Lawyer is undeniably the best help one could have when incurring an injury in Philadelphia, Pennsylvania. A personal injury lawyer can help you in the following ways:

The Personal Injury Claim process is complex and laborious. Hence, a Personal Injury Lawyer makes you understand the legal processes in filing your claim, thereby negating delays in its filing. As reiterated in the aforementioned, timely filing of claims is required, otherwise, claims arising from physical injuries may be perpetually barred.

A Personal Injury Lawyer also assists and helps in gathering evidence. Evidence may be composed of object or those which can be presented before the court; documentary evidence or those which provides proof of truth and veracity of facts, such as police reports, medical reports and the like; and testimonial evidence or those elicited from the mouth of witnesses, which may be reduced in writing through affidavits. Evidence is the backbone of a case, therefore, competent evidence may be an indicative of a strong case.

Apropos, evidence does not solely guarantee the success of the case. A Personal Injury Lawyer is needed who shall put these evidence into their proper places. Simply stated, a Personal Injury Lawyer can help you to competently present and use them in asserting your rights.

Lastly, a Personal Injury Lawyer guarantees you a competent representation. Insurance Company Providers are in their nature, hesitant to assume obligations. Often, they employ strategies to delay the claim to discourage any subsequent filing or assertion thereof, or shift the blame to the victim in order to compel the victim to settle on a significantly unjust claim. Therefore, a lawyer who is knowledgeable of the laws and legal strategies can help you in asserting your rights and claims, thereby effectively countering the strategies employed by the insurance provider. Relatively, negotiations are not always successful, hence, may cause the filing of suits before the courts. In such circumstances,  a Personal Injury Lawyer can assert your rights and stand on your behalf to competently prosecute your case before the court, to have you obtain your just and equitable compensation.