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  • Writer's pictureEvan M. Brown, Esq.

The Race Against Time: Understanding the Statute of Limitations


Sand timer sitting on rocks counting down


Many of you have heard of the three-word phrase, Statute of Limitations, or maybe the shorthand “SOL.” No, not the one you have heard from your friends or family; however, if you fail to file a claim within the period a jurisdiction allows, then you might be “SOL.” A Statute of Limitations (SOL) is a “deadline” set into place by-law, which may differ by state, that will stop someone from the opportunity of filing a lawsuit against another.



The Statute of Limitations varies depending on which jurisdiction your potential claim resides. Jurisdiction generally means which state you plan to file your claim. As your Delaware Injury Lawyers, we will discuss 10 Del. C. § 8119, which is the underlying law that defines how long one must bring a personal injury claim in Delaware. Such law states “No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained…”

 

Delaware’s neighboring states, Pennsylvania and New Jersey, also have a 2-year SOL for a personal injury claim. However, Maryland has a SOL of 3 years for personal injury claims and some states, such as Maine and North Dakota, have a 6-year SOL. Some cities might even have a one-year (or less) notice requirement, which is similar to a Statute of Limitations period.

 

You must be aware of the SOL in the jurisdiction you plan on filing a claim to make sure your claim in not forever barred. The “clock” begins to tick on the date of the accident and with numerous treatment sessions, diagnostic testing, and doctor appointments, the 2-year SOL will arrive relatively quickly. 


If you call us shortly after an accident, our experienced attorneys will make sure your potential claim is protected from the Statute of Limitations.


 

At Kimmel Carter, we are here to help you! If you have been involved in an auto or work accident, please call us for a free legal consultation at (302) 565-6100.





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