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Can I get justice for a 10 year old injury?

If you have been injured from the negligence of another person you may have sustained serious injuries which have cost you thousands of dollars in expensive medical costs, lost wages, property replacement and pain and suffering. Recently on our forum a user asked, "If I was injured ten years ago can I get justice or compensation for my injuries?"

How long do you have to file a personal injury claim?

Unfortunately, if you have been injured from the negligence or reckless actions of another person you have a very specific amount of time to file a personal injury claim, called the statute of limitations. If you wait too long to file your claim you will lose the right to seek compensation.

Statute of limitations law, however, can be a bit complicated. Not only are there different time limits in various states, there are also specific time limits by injury. For instance, in the state of Texas you will have two years to file personal injury case, but in Vermont you have three years and in Utah you will have four years.

The amount of time to file a case can also vary if you have been injured due to medical malpractice, a breach of contract, by slander, or on someone else's property (premise liability). 

Generally, the statute of limitations for personal injury claims range from one to six years. There are no states which allow ten years to file an injury claim unless the claim has been tolled (postponed). Tolling can happen in cases where the injury is perpetuated against a minor or the plaintiff is deemed insane.

What about criminal actions?

If you have been injured from the criminal actions of another person and want "legal justice" there generally are also statute of limitations for the state to file criminal charges. Some charges for crimes such as murder, however, can be filed at any time.

Filing your personal injury case immediately

So what do you do if you are injured from the negligence of another person? Assuming you have a valid personal injury case and can prove the elements of your case- the person owed you a duty of care, they breached that duty, that breach was the proximate cause of your injuries and you suffered loss- it's time to talk to a lawyer. Waiting too long like the user who asked this question can cost you money.

What types of payments can I expect in injury case?

Assuming you have a valid injury claim and you have filed your case within your state's statute of limitations, you can expect to receive payment for lost current and future wages, property replacement costs, pain and suffering and current, and future medical costs. Punitive damages, which are awarded to punish the defendant, are generally only paid if the court believes their actions were egregious.

Can I get compensation if I contributed to my own injuries?

Regardless of how long it has been, in some states if you contributed to your own injuries you will not be able to receive compensation for your injuries. In other states, however, payments may be allowed if you are less than 51% or 50% at fault.

Next Claims Question

Do I have a personal injury claim?