Is There A Time Limit For Filing Premise Liability Lawsuits?

Anyone who has been in an accident on someone else’s property knows that it may take time to realize they’re not going to compensate you for your expenses and pain and that you have to enlist a lawyer to file a premise liability lawsuit.  However, you cannot wait too long to file a premise liability lawsuit because every state has a statute of limitations governing premise liability claims. 

A statute of limitations is a law that establishes the period after an event occurs in which a legal action, such as a premise liability lawsuit. The statute of limitations laws vary from state to state, ranging from one to six years,  a lawyer can tell you what that statute is for a premise liability lawsuit in your state.  However, if that deadline passes before you file your lawsuit, you may lose your opportunity to file your claim completely.  

It is important to remember that the statute of limitations applies to the period in which you and your lawyer can file a premise liability lawsuit, not the time in which a lawyer must conclude that premise liability lawsuit.  The procedures for premise liability claims can be complicated and time consuming, and it may take years for a lawyer to reach a premise liability claim settlement, much less conclude a premise liability lawsuit.

Discovery of Harm in Premise Liability Lawsuits
There is a “discovery of harm” exception to the statute of limitations for a premise liability claim.  It states that the statute of limitations for a premise liability lawsuit begins when a plaintiff discovers harm that is eligible for a premise liability claim.  This applies to an injury that is not painful or obvious, but that is discovered to have occurred in the past.  In an environmental case where pollution has done harm to an individual at a location they visit often, but the damage does not result in pain for years afterwards, the statute of limitations begins when the harm is discovered, not when it occurred.  The victim should then contact a lawyer immediately and file a premise liability lawsuit.  The clock on the statute of limitations for that premise liability claim does not start running until that harm was discovered, at which time the victim must contact a lawyer immediately and pursue their premise liability claim. 

This “discovery of harm” condition only applies to a situation when a victim knows or should have known they were injured.  If they suffered for years, but refused treatment, their ability to enlist a lawyer to file a premise liability lawsuit under the statute of limitations may be void.  The claimant should have known there were grounds for a premise liability claim, and they would have known about the grounds for that premise liability lawsuit if they had followed reasonable procedure, consulted doctor, and enlisted a lawyer.
 
Exceptions to the Statute of Limitations in a Premise Liability Claim
The primary exception to the statute of limitations on a premise liability claim applies to minors who cannot hire a lawyer and file a premise liability claim until they are 18.  That means that even if they have a premise liability claim injury when they are 16, and the statute of limitations for a premise liability lawsuit is 1 year, they have 3 years to enlist a lawyer and file their premise liability claim. 

A bankruptcy filing by the defendant is another exception that may allow you and your lawyer more time to file your premise liability claim.  Filing bankruptcy puts a hold on all premise liability claims; therefore, a premise liability lawsuit and its statute of limitations will be on hold until the bankruptcy case is concluded or the hold is lifted.  Nevertheless, your lawyer may petition the judge to remove the hold for your premise liability lawsuit.

If a defendant is found to have acted fraudulently in responding to your lawyer concerning your premise liability claim, your lawyer may also have grounds to extend the statute of limitations on your premise liability lawsuit. 

Essentially, you should contact a lawyer as soon as you suspect you may have a premise liability claim.  Generally, premise liability claims are obvious.  Pain, illness, broken bones, or cuts and bruises are easy to document for a premise liability lawsuit.  As soon as possible, call a lawyer to assess your premise liability claim and file your premise liability lawsuit.