What Is A "Limitation Period"?
A limitation period is the amount of time the law permits an individual to bring an action, or “claim”, against another party in court.
In many cases the deadline is two years from the date of injury, loss or damage to proceed with legal action, it is always best to speak with an experienced disability and injury lawyer to determine the actual date that the limitation period commences, as there are many exceptions and confusing deadlines that can make it difficult to know the precise limitation date.
IMPORTANT TIPS ON “LIMITATION PERIODS”:
- Do not rely on what the insurance company is telling you the deadline is as this may not be correct.
- If there are issues of mental incapacity or memory loss, a limitation period may start from the date that the loss or injury is “discovered” or fully realized by the claimant.
- If your “limitation period” passes, you will not be permitted to sue the insurance company for your benefits.
In disability claims, the limitation period does not usually begin to run until there is a clear denial of benefits by the insurance company. If the claimant has used the insurance company’s appeal process to try to overturn the denial of benefits, this may also affect the date that the limitation period begins. When trying to figure out the limitation date, it is best to assume the earliest possible date.
Limitation periods can be confusing so it is best to get legal advice by an experienced disability and personal injury lawyer.
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