Yes, you should pursue a negligent security case within the statute of limitations. If you do not pursue your case within that time limit, you may be unable to recover compensation.
In fact, you should get legal advice as soon as you can after a negligent security incident and not wait until the statute of limitations in your state is about to run out. Also consider that if you or a loved one have a claim against a government entity, you may have even less time for taking action. Some states require you to file a notice of claim within 90 days. Filing a notice is typically a prerequisite for taking legal action against a government party.
It can be in your best interests to seek legal advice as soon as possible. You can then take the appropriate actions that can help to preserve your rights and give you the opportunity to pursue justice and compensation.
What You Need to Know About Statutes of Limitations
Statutes of limitations in civil cases prescribe the specific time that claimants have available to file a civil lawsuit such as a negligent security claim. When the time according to the applicable statute has passed, a plaintiff may no longer have the opportunity to file a civil lawsuit, or the court may simply dismiss the case.
Statutes of limitations can vary widely from one state to another. Some states have time limits as short as one year, while others are five years or more. It is pivotal that you are aware of what the timeline is in the state you reside in.
Exceptions to the Statute of Limitations
In some exceptions, a plaintiff may be able to file even after the statute of limitations has passed in their state, according to the American Bar Association (ABA). Exceptions also vary from one state to another and can include:
- The plaintiff was a minor at the time the injury happened.
- The injury is discovered some time after an incident, which is also called the “discovery rule”.
In some states, if the plaintiff is too seriously injured to start a lawsuit within the statute of limitations, they may also be able to get an extension. However, the law around this can be complex and confusing. As a rule of thumb, starting legal action sooner rather than later can protect your right to compensation. However, if you have already passed the statute of limitations deadline in your state, you should still consult with a negligent security lawyer. There may still be a way for you to litigate and receive your due.
While the states may have statutes of differing length, each typically starts ticking as soon as a plaintiff suffers an injury or dies as a result of a negligent security incident. This means that if you have spent months recovering from your injuries and have waited on filing a lawsuit, you may want to take action now.
Acting timely can be crucial for your claim. Even if you do not know whether you want to initiate legal action, getting legal advice can be your next helpful course of action. If you do have a claim against a negligent property owner, you could potentially receive compensation that can help with your recovery from any physical or psychological injuries.
Other Reasons You Want to Act Quickly
While you want to begin your case as soon as possible to avoid overstepping the statute of limitations, there are other reasons it could be beneficial to get started early:
- Evidence can disappear: Memories can fade, people can destroy evidence, and witnesses can move away.
- It may take time to recover from your injuries: Some injuries are quick to heal; others could take months or even years to see improvement. If you wait until you have healed to talk to a lawyer, you may end up paying out of pocket for your injuries.
- Your lawyer has more time to craft a case: If you decide to file a lawsuit right before the statute of limitations expires, your case may not be as strong as it would have been if your legal team had more time.
Contact Us for Advice
Ben Crump, PLLC can help you pursue a negligent security case within the statute of limitations that applies in your state. First of all, we can offer you a free and no-obligation consultation to find out whether you have a claim, and advise you on any options you may have for getting justice and compensation. Call us now and speak to one of our team members about your case at (800) 896-1221.