Clock Is Ticking: Statutes Of Limitations
By Linda Malkin, Esq.
Motor vehicle accidents are unsettling events that can result in significant physical, emotional, and financial distress. In the aftermath, individuals often face the crucial decision of whether to pursue legal action. In the realm of personal injury, the statute of limitations is a crucial concept that governs how long an individual has to file a lawsuit after suffering harm due to another party’s negligence or wrongful actions. The legal timeframe is designed to ensure that claims are made while evidence is still fresh and to provide a sense of finality for potential defendants
Starting the clock
Statutes of limitations are like the expiration date on milk: ignore it, and you might find yourself in a very sour situation. The statute of limitations is the law that sets the maximum period an individual can wait before initiating a lawsuit. If a lawsuit is filed after this period, the court will likely dismiss the case, regardless of merit. For motor vehicle accidents, this period varies by jurisdiction. In Delaware, the statute of limitations for personal injury claims, including those arising from car accidents, is two years from the date of the injury. Delays in filing can weaken your case, as evidence might deteriorate, witnesses’ memories may fade, and the legal process could become more complex.
If the car accident involves a government entity, such as a city or state vehicle, there are often shorter timeframes and more stringent procedural requirements. For example, in some Delaware cities, you may need to file a notice of claim within one year of the collision before you can proceed with a lawsuit. Understanding the specific deadlines that apply in the relevant jurisdiction, as well as the nuances, could gravely impact your case.
The statute of limitations encourages swift action in seeking legal redress. While the statute provides a deadline for legal action, insurance negotiations often occur well before this deadline. It is advisable to consult with an attorney early in the process to understand both your legal rights and the insurance claim process.
Why it matters
Timely action is paramount, not only for adhering to legal deadlines but to strengthen your case. Gathering medical records, police reports, witness statements, and out of pocket expenses as soon as possible after an accident will greatly benefit your case.
Consulting with an attorney after being involved in a motor vehicle accident will help you navigate the legal deadlines and protect your rights. An attorney will handle paperwork, procedural requirements, and interactions with the insurance companies, to ensure your claim is processed correctly. If litigation is necessary, an attorney will prepare your case thoroughly to meet legal deadlines and present the case effectively to the Court. By working with a qualified attorney, you can focus on your recovery, while they manage the legal aspects of your case, including the statute of limitations.
The attorneys at Kimmel, Carter, Roman, Peltz & O’Neill are here to help. If you have been injured in an accident, contact me, or another attorney at our firm, for a free consultation. I can be reached at 302-565-6142 or [email protected].
Bio
Linda Malkin has been an attorney for 10 years, she has been at for Kimmel, Carter, Roman, Peltz & O’Neill since 2010. Linda concentrates her practice on motor vehicle accidents, wrongful death, products liability, nursing home neglect, dog bites, and work-related accidents.
Linda is a proud graduate of Saint Mark’s High School and Penn State University. Upon her graduation from Penn State, Linda began her career in law working full-time at Kimmel Carter while attending Widener University Delaware Law School at night.
She served as a Deputy Attorney General in the Family Law department for the Delaware Department of Justice. During her tenure with the Attorney General’s office, Linda gained valuable courtroom experience while managing a heavy caseload.
Upon her return to Kimmel Carter, she combined her extensive knowledge of personal injury cases and litigation experience to thoughtfully and successfully representing individuals and families who have been impacted by an injury. She advocates for her clients to ensure they are rightfully compensated and receive all of their entitled benefits.
Linda is married and has two children. Outside the office, she enjoys coaching and attending her children’s sporting events. In her spare time, she can be found exercising her unofficial “Maxxinista” skills or training for her first triathlon.
Testimonials
“I have nothing but good to say in regards to my experience with Linda Malkin. She was thorough, fair, friendly, and professional. Linda was quick to respond to my emails and calls. Everything she explained to me happened just as she told me. I’d highly recommend Linda and the firm to anyone who finds the need for an attorney. I’d like to thank Linda for making a difficult situation for me painless and quick.” ~ Tony
“Linda Malkin went above and beyond. She kept me updated and always informed me on the process and where we stood. I would recommend Kimmel Carter’s services!” ~ Desmond
Kimmel Carter
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