We all understand that when we are injured in an accident, whether in an automobile or personal accident, the injury might not be readily apparent until some point after the incident. Additionally, we are also aware that the legal system has imposed statutes of limitations for the victim to file a claim in court.
Advocates are looking at these facts and exploring whether raising the statute of limitations on personal injury cases might not prove a fairer option for those suffering from delayed onset of injury symptoms. Let’s look at the advantages and disadvantages of hiking the time limits for filing a personal injury case.
Advantages and Disadvantages of Raising the Statute of Limitations
For those looking to boost the time that victims must file a legal case in the aftermath of a personal injury incident, point to the fact that many of these occur at the workplace, which poses challenges for the claimant.
Owing to the outsized influence an employer’s power can have on an employee’s economic wellbeing, many workers might shrug off the effects of an injury for fear of retribution. As such, advocates note that affording the injured more time will help them get their economic affairs, such as finding a new job, before pursuing their legal options vis-a-vie filing a personal injury lawsuit.
Obviously, continuing one’s employment while simultaneously suing the employer can be problematic. Indeed, the potential plaintiff might be subjected to intimidation tactics that might compel them to drop their case.
Moreover, as mentioned above, workplace accidents might take years to materialize into active symptoms. Expanding the timeframe in which to react to these delayed-onset symptoms with legal options allows the suffer a better chance to get the financial help they need.
As with all arguments, however, there are two sides that need to be considered, and the question of raising the statutes of limitations of personal injury cases also has its detractors. Those opposed to the proposition suggest providing more time could have big implications on the legal and business communities.
Specifically, they argue that extending the statutes of limitation might pose a risk of people faking their injuries in an illicit attempt to gain money, or that the move would place a burden on businesses owing to the company’s need to pay out large injury judgments.
In addition to the role this move would play in undermining business solvency, but they also argue that an increased caseload has the potential to gridlock the court system when it is already operating to full capacity.