Most states have statute of limitation laws that place limits on how long an accident victim has to file a civil claim, such as a personal injury lawsuit. In Delaware, the statute of limitations for personal injury claims is two years, meaning that the lawsuit must be filed within two years of the date the accident—and the related injuries—occurred. Accident victims who fail to file a lawsuit within the two-year statute of limitations risk having their case dismissed.
There can be exceptions—the statute of limitations may pause, or “toll,” if the victim was mentally incompetent at the time of the injury. In this case, the time limit for filing a personal injury lawsuit extends to three years after the disability ends.
Don’t Wait Until You Are Up Against a Deadline
However, don't let the fact that you have two years to file a personal injury lawsuit relax you into complacency. Waiting to file your lawsuit can have a number of unwanted consequences. Witnesses may move, change their phone number, or forget the details of what they saw. Additionally, evidence may deteriorate or be lost as time goes by.
Building a strong personal injury case can take time. Initiating a lawsuit as soon as possible after an accident ensures that you and your attorney can talk with witnesses and document and preserve other relevant evidence while it's still fresh. Well-documented evidence and witness statements, collected immediately following an accident, can strengthen your case as you enter negotiations or prepare for trial.
Were You Injured in an Accident?
While exceptions to the statute of limitations can and do occur, when so much is at stake—it's better to be safe than sorry. If you were involved in an accident, waiting too long to act may jeopardize your right to pursue compensation for your injuries. Don't forfeit your right to take legal action. Contact the skilled attorneys at Morris James today to schedule a free initial consultation.
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