Catastrophic injuries are usually long-term and life-altering such loss of a limb, paralysis, and other conditions that could easily end the victim’s life after the accident. Such instances have a direct impact on the specified timeframe for filing a lawsuit. Understanding how the special circumstances surrounding catastrophic injuries impact the statutes of limitations is important to your claim.
Standard injuries are often rated ‘mild’ to ‘severe.’ People battling with such injuries may require so much time to recover fully before they can start pursuing a personal injury claim. However, some injuries, especially ones associated with commercial truck accidents, are catastrophic. Such an accident can result in more significant harm such as a broken skull, brain injuries, spinal injuries or severe internal damage.
Statute of limitations
Catastrophic injuries can affect your personal injury claim in different ways. For instance, such injuries have a direct impact on the period you have to initiate a claim. It is, therefore, recommended to consult with a good Grand Junction commercial truck accident lawyer to know how the entire process of pursuing a personal injury claim may be affected by the nature of your injuries.
Simply put, the statute of limitations is the specific time limit set for personal injury lawsuits. Remember, this period varies from state to state, and once it expires, a victim of a road accident cannot initiate a claim.
One of the aspects that could change the time limits is whether or not your case falls under state or federal law. The age of the victim and their mental capacity could also impact the length of the statute of limitations. Besides, catastrophic injuries can result in a significantly longer period to initiate a claim. Other elements, such as the court’s interpretation and circumstances surrounding your injuries, could delay the starting point of the so-called statute of limitations.
Pausing the statute of limitations
Based on the nature of your injuries and the specific damage you suffered, there could be profound changes in your personal injury claim. If a human body sustains massive trauma, there is a possibility of shutting down for a longer time, require specialized treatment that requires the patient to be put in special care units, and the patient might slip into a prolonged coma.
These issues mean the statute of limitations should be paused until the victim is mentally competent and available. Remember, it’s only a judge who can declare a plaintiff mentally incapable and stop the statute of limitations. Therefore, it is in your best interest to work with an attorney who can help follow up such issues and ensure that you get enough time to recover from a catastrophic injury and still pursue a personal injury claim successfully.
Note that some catastrophic injuries may be diagnosed after several months or even years. Even when the initial injury is something you fully comprehend, the statute of limitations may not begin until the process of diagnosing the catastrophic injury is completed.