One of the things I’m very passionate about is informed advocacy. Whether you or a loved one was injured in a car accident, truck wreck, slip and fall, or as a result of medical malpractice, there are certain aspects of a personal injury claim that are true regardless of what caused the injury.

There are other aspects that vary widely. This is especially true if your injury claim required the filing of a lawsuit. So, let’s talk about it.

What is a lawsuit? A lawsuit begins with the filing of a complaint. A complaint is a document that identifies the parties involved, the claims alleged, and the relief sought.

Complaints can vary widely depending on the type of claim (small claims court vs. circuit court, court of common pleas, etc.), the court you file in, (state vs. federal), and the local and state rules of civil practice. Some complaints are only one page long. Some complaints are hundreds of pages long.

No matter the type or length, once a complaint is filed on your behalf, your claim enters a phase lawyers often refer to as “litigation.” Litigation simply means that you are in the process of taking formal legal action. The decision to file a complaint can be made for a myriad of reasons. One of those reasons is to preserve your rights.

Did you know that there is a time limit on when you can file a lawsuit? Lawyers call it a “statute of limitations.” A statute of limitations is a time limit that governs when you may file suit. If you do not file a lawsuit within that specific time frame, you lose your right to file forever.

The statute of limitations (or time limit) to file a lawsuit varies based on the type of claim involved and the jurisdiction you file in.

For example: In Arkansas, if you’re injured in a car accident, the time limit to file your lawsuit is three (3) years from the date of the accident. In Ohio and Virginia, the time limit for the same claim is two (2) years. In Tennessee, the time limit is only one (1) year from the date of the accident.

But, the location of your lawsuit isn’t the only factor involved. The type of claim can also effect the time you have to file.

Remember how Arkansas has a three (3) time limit to file you car accident claim? Well that time limit is two (2) years if you have a medical malpractice claim. Remember Ohio’s two (2) year time limit for your car accident claim? Well, it shrinks to one (1) year if your claim is based on alleged medical malpractice.

If you or your attorney fail to either resolve (settle) your claim or file a lawsuit before the statute of limitations expires, you lose your right to be compensated for your injuries forever. This is why it is so important to speak with an attorney as soon as you or a loved one is injured.

If you have been injured and are unsure of the type of claim you have or the time frame in which you must file it, please call me today. Even if I cannot represent you, I probably know someone who can. I’d rather send you to someone else than for you to lose your right to compensation. The consult is free. The only cost is your time.

-Matt