The length of the statutes of limitations to file a negligent security case depends on the state where you reside. Statutes of limitations set general deadlines for filing civil cases such as a negligent security claim. While filing too late can potentially bar you from receiving compensation, in some cases, some exceptions may allow you to file a claim even after the statute of limitations has run out.
The best way to find out whether you can still file a claim is to speak to a negligent security lawyer who can advise you on the statute of limitations that applies in your case.
Generally, however, you should think about filing a claim as soon as possible after an incident such as a violent crime. Timely action can be crucial in pursuing compensation. Consider also that if you have a claim against a government entity, you will have to file a notice of claim before you can litigate. You may have to file the notice within a relatively short time, which could be 90 days or less, depending on where you live.
Variations in the Statutes of Limitations
The statutes of limitations that apply in the various states can be confusing and complex, especially if you intend on suing several defendants. Statutes of limitations can also potentially include several exceptions.
There are considerable variations in the timelines that plaintiffs may have for filing a negligent security claim, depending on where they reside. Some states, such as Kentucky, Tennessee, and Louisiana, give plaintiffs only one year to file a personal injury lawsuit. In Florida, the Florida Statutes §95.11 allows plaintiffs four years to file a lawsuit against the negligent party. In the state of Maine, victims of a negligent security incident have a full six years to file their lawsuit.
When Statutes of Limitations Begin
It is important to note that the statutes of limitations automatically kick in on the day of your injury or the day that your loved one died. Time starts ticking immediately. Although, in some cases, according to the American Bar Association (ABA), it is possible to extend the statute of limitations, for example, with the “discovery rule.” This rule may apply when a plaintiff did not know of their injury right away. For example, if you developed post-traumatic stress disorder months after a violent crime, you could potentially apply the discovery rule and ask for an extension.
Acting Quickly Can Help Your Claim
Regardless of the time available to file your negligent security claim, acting quickly can help you in a number of ways. Consider that it will be easier to collect any evidence proving negligence right away. Important evidence could disappear over the years, making a lawsuit more challenging and complex to prove. If there are witnesses to the crime, they may not remember all the details after years have passed, or they may have moved far away.
Suppose you recently suffered serious injuries or a loved one died due to a negligent security attack or assault. In that case, you should seek legal advice and guidance soon to give you the best possible chance for recovering your due.
How a Negligent Security Lawyer Can Help You
The statutes of limitations to file a negligent security case can vary considerably. A negligent security lawyer can help determine whether you are still eligible for filing a claim. They can also help you fight for justice and compensation in several other ways.
Knowledge of the Applicable Laws
Your lawyer can shed light on your case and advise you comprehensively on your best course of action. They will be able to assess whether you have any legal opportunities for recovering compensation.
Identifying Responsible Parties
Sometimes it can be hard to see how many parties could be responsible in your case. A negligent security lawyer will identify the liable parties to explore all avenues for recovering adequate compensation.
Building Your Case
A negligent security lawyer will know how to build your case against a defendant. They can gather the necessary evidence to prove negligent security. Your lawyer can also assess your losses thoroughly, collect the evidence to prove your damages, and determine what your case is worth.
Negotiating with the Defendant and Insurances
Negotiating skills can be particularly important in a negligent security case as you could potentially receive an out-of-court settlement. Having a lawyer fighting for a fair settlement on your behalf can help you receive what you deserve.
Working for You on a Contingency Basis
A negligent security lawyer typically will not charge any upfront attorney’s fees and instead collect their fee when you receive a settlement. This means that the lawyer takes the risk rather than the plaintiff. If you lose your case, you will not have to pay your lawyer for any time or work spent on your case.
Contact a team member with Ben Crump Law, PLLC today to find out if you could file a negligent security lawsuit and possibly recover compensation at (800) 896-1221.