Time is Ticking: Understanding the Statute of Limitations in Brain Injury Lawsuits

A traumatic brain injury (TBI) can have devastating, long-lasting consequences, affecting a person’s cognitive, physical, and emotional well-being. If you or a loved one has suffered a TBI due to someone else’s negligence, you may be entitled to compensation. However, it’s crucial to understand that time is ticking – specifically, the statute of limitations. Missing this deadline could mean losing your right to pursue a claim. In the United States, more than 1.5 million people sustain traumatic brain injuries annually, highlighting the importance of understanding the legal options available to victims and their families.

What is the Statute of Limitations?

The statute of limitations is a law that sets a deadline for filing a lawsuit. It exists to ensure fairness and efficiency in the legal system. As time passes, evidence can degrade, memories fade, and witnesses may become unavailable, making it difficult to present a clear and accurate case.

All personal injury cases have a statute of limitations, including brain injury cases. If you go beyond the statute, the court will refuse to hear your case. The simplest way to avoid violating the statute is to work with a lawyer as soon as you can after your accident, but it’s good to know what the deadlines are.

Statute of Limitations for Brain Injury Cases: A State-by-State Overview

The specific time limit for filing a brain injury lawsuit varies depending on the state where the injury occurred. Most states have a two- to three-year statute of limitations for personal injury claims. However, some states may have longer or shorter periods. Here’s a general overview:

Two-Year Statute of Limitations: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware (unless the injury is not discoverable in two years, then claimants have three years), Florida (for causes of action accruing after March 24, 2023), Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Minnesota, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, Washington, West Virginia.
Three-Year Statute of Limitations: Arkansas, District of Columbia, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Wisconsin.
Four-Year Statute of Limitations: Nebraska, Utah, Wyoming.

It’s essential to consult with an attorney to determine the specific statute of limitations in your state, as laws can change.

When Does the Clock Start Ticking?

Generally, the statute of limitations begins on the date the injury occurred. However, there are exceptions to this rule. One important exception is the “discovery rule.”

The Discovery Rule

The discovery rule states that the statute of limitations doesn’t begin until the plaintiff discovers, or reasonably should have discovered, the existence of the injury. This is particularly relevant in brain injury cases because symptoms may not always be immediately apparent.

For example, some traumatic brain injuries, such as concussions, are not always readily apparent. You may not realize the extent of harm until weeks or months after the incident. In Pennsylvania, the clock can start ticking later if you were medically diagnosed weeks or months after the accident, not necessarily on the date of the injury.

Delayed Symptoms

Delayed symptoms after a traumatic brain injury (TBI) can complicate your injury claim, but they don’t disqualify you from compensation. Symptoms may emerge days or weeks later, including memory loss, mood swings, fatigue, or headaches can surface long after the accident. Medical documentation is key, so track symptoms and get follow-up exams to build a strong case. Insurance companies may deny or minimize claims, but expert evaluations can help prove your case.

Exceptions to the Statute of Limitations

While the statute of limitations is a strict deadline, there are certain circumstances where it may be extended or “tolled.” Common exceptions include:

Minority: If the injured person is a minor (under the age of 18), the statute of limitations may not begin until they reach the age of majority. In California, a minor generally has two years from the date they turn 18 to file a lawsuit for a personal injury, like a brain injury, regardless of when the accident or injury occurred.
Mental Incapacity: If the injured person is mentally incapacitated and unable to manage their affairs, the statute of limitations may be tolled until they regain capacity.
Fraudulent Concealment: If the defendant conceals their liability or takes steps to prevent the injured person from discovering their injury, the statute of limitations may be extended.
Out-of-State Defendant: If the individual responsible for the injuries lives outside of the state after the accident, this period of absence likely will not be considered part of the filing period by the court, meaning the filing period will resume once that person returns to the state.

Special Considerations

Medical Malpractice

Brain injuries can sometimes result from medical malpractice, such as surgical errors, delayed diagnosis, or medication errors. The statute of limitations for medical malpractice claims may differ from general personal injury claims.

In Maryland, if you experienced a brain injury because of medical malpractice when you were at least 11 years old, you have 5 years from when the injury was committed or 3 years from when the injury was realized to file your claim, whichever is longer. If you were younger than 11 when your brain injury occurred because of medical malpractice, the statute of limitations is tolled until you turn 11.

Claims Against Government Entities

If the brain injury was caused by the negligence of a government entity, such as a city or state agency, the statute of limitations may be significantly shorter. In California, if the defendant in your case is a government entity such as the state, county, city, municipality, or school district, the statute of limitations reduces exponentially. You will only have six months from the date of the injury to file a claim against that government agency. Then, if they deny your claim, you have six months to initiate a civil lawsuit.

Intentional Torts

Unfortunately, some brain injuries are caused by the intentional acts of others rather than accidents or unintentional mishaps. If your brain injury is the result of an assault, you may still sue the person who hurt you. However, the deadline to file may be shorter. In Maryland, because this is an intentional tort, you have 1 year to file your claims.

The Importance of Seeking Legal Counsel

Given the complexities surrounding the statute of limitations in brain injury cases, it’s crucial to seek legal counsel as soon as possible. An experienced brain injury attorney can:

Determine the applicable statute of limitations in your case.
Investigate the circumstances of the injury to identify all potential defendants.
Gather evidence to support your claim.
Negotiate with insurance companies on your behalf.
File a lawsuit before the statute of limitations expires.

Finding the Right Brain Injury Lawyer

Selecting the right brain injury attorney is crucial to ensuring the best outcome for your case. An experienced lawyer who specializes in traumatic brain injury (TBI) cases can make a significant difference in the compensation and support you receive.

When choosing a brain injury attorney, consider the following:

Experience: Look for an attorney with a proven track record of success in brain injury cases.
Specialization: Choose an attorney who dedicates a significant portion of their practice to brain injury law.
Resources: Ensure the attorney has the resources necessary to thoroughly investigate and litigate your case.
Communication: Select an attorney who is responsive, communicative, and keeps you informed throughout the legal process.

Don’t Delay: Take Action Today

The statute of limitations is a critical deadline that can significantly impact your ability to pursue a brain injury claim. Don’t wait until it’s too late. Contact an experienced brain injury attorney today to protect your rights and explore your legal options. Remember, time is ticking, and your future may depend on it.