Knowing the Statutes before Filing a Negligent Security Case

January 12, 2023 Insights

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Depending on the state in which you live, there are several statutes of limitations for bringing a negligent security claim. General filing deadlines for civil claims, such as a claim for negligent security, are established by statutes of limitations. While waiting too long to make your claim could prevent you from collecting compensation, there are some circumstances in which you might still be able to do so.

The easiest method to learn if you still have time to submit a claim is to consult with a negligent security attorney, who can inform you of the applicable statute of limitations in your situation.

In general, you ought to consider making a claim as soon as possible following an incident, like a violent crime. The pursuit of compensation may require prompt action. Also, keep in mind that before you may bring a lawsuit if you have a claim against a government agency, you must first file a notice of claim. Depending on where you live, you might only have a short amount of time to file the notice—perhaps 90 days or less.

Knowing the Variations in the Statutes of Limitations

If you plan to sue multiple defendants, the statutes of limitations that apply in the various states might be complicated and perplexing. Statutes of limitations may also have a number of exclusions.

Depending on where a plaintiff resides, there are significant differences in the deadlines for filing a negligent security lawsuit. Only one year is given to plaintiffs in some jurisdictions, including Kentucky, Tennessee, and Louisiana, to initiate a personal injury case. For example, plaintiffs in Florida have four years under Florida Statutes to launch a lawsuit against the at-fault party. The victims of a negligent security incident in the state of Maine have a full six years to initiate a lawsuit.

When Did the Statutes of Limitations Begin?

It’s crucial to remember that the statutes of limitations begin to run automatically on the day of your accident or the death of a loved one. Time begins to pass right away. The “discovery rule,” which may apply when a plaintiff does not immediately become aware of their injury, is one situation in which it is feasible, according to the American Bar Association (ABA), to extend the statute of limitations. You might use the discovery rule and request an extension, for instance, if you experienced post-traumatic stress disorder months after a violent crime.

Acting Early on Can Help Your Claim

Whatever the window of opportunity you have to submit your negligent security claim, moving immediately can be advantageous in a number of ways. Think about how much simpler it will be to gather proof demonstrating negligence. Over time, crucial evidence can vanish, making a claim harder to prove and more complicated. If there were any witnesses to the crime, they might not recall every detail years afterward or have relocated far away.

Imagine you recently experienced a severe injury or the loss of a loved one as a result of a careless security attack or assault. In that event, you should quickly seek legal advice and counsel to offer yourself the best opportunity of recouping what is owed to you.

Conclusion

Indeed, it is essential to be familiar with the statutes that govern negligent security cases before filing such a case. These statutes can vary from state to state, so it is important to consult with an attorney who is familiar with the laws in the state where the incident occurred. An experienced attorney can help determine whether the case is likely to succeed and what damages may be recoverable.

If you are looking for an experienced inadequate security lawyer in Lexington, KY, look no further than our expertise here at Circeo Law Firm. Our award-winning Kentucky injury attorneys will aggressively advocate for justice if you or a loved one were injured due to someone else’s negligence. Call us today for a free consultation, and let us discuss your inadequate security concern.