How To Sue An Insurance Company

How to sue an insurance company? It’s a question many find themselves asking after a frustrating claims experience. Navigating the complex world of insurance litigation can feel daunting, but understanding the process, from filing a claim to potential legal action, empowers you to fight for what you deserve. This guide provides a step-by-step approach, equipping you with the knowledge to effectively handle disputes and pursue a fair settlement.

From understanding your policy’s intricacies and negotiating with your insurer to considering legal representation and navigating the court system, we’ll cover all the crucial aspects. We’ll explore common disputes, effective negotiation strategies, and the importance of meticulous record-keeping. This comprehensive guide aims to demystify the legal process, empowering you to confidently advocate for your rights.

Understanding Your Insurance Policy

Successfully navigating a lawsuit against your insurance company hinges on a thorough understanding of your policy. Failing to grasp the intricacies of your contract can significantly weaken your case, potentially leading to unnecessary delays and unfavorable outcomes. This section will equip you with the knowledge necessary to confidently interpret your policy and identify crucial information relevant to your claim.

A typical insurance policy comprises several key components, each playing a vital role in determining coverage. These include the declarations page, outlining policy specifics like the insured, coverage amounts, and policy period; the insuring agreement, detailing the insurer’s promise to indemnify the insured against specified losses; and the exclusions, outlining events or circumstances not covered by the policy. Equally important are conditions, which specify the insured’s obligations, and definitions, which clarify the meaning of specific terms used throughout the document. Understanding the interplay between these components is crucial for determining coverage.

Policy Review for Coverage Limitations and Exclusions

Carefully reviewing your policy to identify coverage limitations and exclusions is a critical first step. This involves a systematic examination of the entire document, paying close attention to sections detailing specific exclusions. For instance, a homeowner’s insurance policy might exclude coverage for flood damage, requiring separate flood insurance. Similarly, auto insurance policies may have limitations on liability coverage or specific exclusions for certain types of accidents. Understanding these limitations is essential for building a realistic expectation of what your policy will and will not cover. A thorough review should also identify any specific conditions precedent to coverage, such as timely notification of the insurer or cooperation with investigations. Ignoring these conditions could jeopardize your claim.

Locating Specific Claim Procedure Information

Locating specific information regarding claim procedures often involves a systematic search within your policy document. Many policies dedicate a section specifically to outlining the claims process, detailing the steps involved in reporting a claim, the required documentation, and the timelines for processing. This section may also include contact information for claims adjusters or other relevant personnel. If this dedicated section is absent, the information might be scattered throughout the policy, potentially within the conditions or insuring agreement sections. In such cases, carefully reviewing each section with a focus on phrases like “claim procedure,” “reporting a claim,” or “notice of loss” is recommended. Additionally, the policy might refer to supplementary documents or websites for more detailed information, which should be accessed and reviewed as well. Keep detailed records of all your efforts to locate this information, as this documentation may be valuable in subsequent legal proceedings.

Filing a Claim with Your Insurance Company

Filing a claim with your insurance company is a crucial step in receiving compensation after an insured event. The process, while sometimes frustrating, is generally straightforward if you understand the necessary steps and documentation. Properly navigating this process significantly increases your chances of a successful claim.

The standard claim filing process typically begins with immediately reporting the incident to your insurance company. This initial report should include all relevant details, such as the date, time, location, and circumstances of the event. Following this, you will need to gather the required documentation and submit a formal claim. This documentation varies depending on the type of claim (e.g., auto accident, home damage, medical claim), but generally includes police reports (if applicable), photos and videos of the damage, repair estimates, medical bills, and any other relevant supporting evidence. Your insurance company will provide you with specific instructions and claim forms. Timelines for processing claims vary, but many companies aim to provide an initial response within a few business days, with a final resolution within weeks or months depending on the complexity of the claim.

Common Claim Denial Reasons and Resolution Strategies

Insurance companies often deny claims for various reasons. Understanding these reasons and developing appropriate strategies to address them is vital. Common reasons for denial include failure to meet policy requirements (e.g., lack of timely notification, insufficient documentation), pre-existing conditions (in health insurance), or claims deemed fraudulent.

For example, a claim for damage to a roof from a storm might be denied if the policyholder fails to provide sufficient photographic evidence of the damage or if the damage is deemed to be caused by pre-existing wear and tear rather than the storm itself. Similarly, a car accident claim could be denied if the policyholder was found to be at fault or if the accident report contradicts their account of the events. To address these denials, policyholders should meticulously gather all supporting evidence, including expert opinions if necessary, and appeal the decision, following the company’s formal appeals process. This may involve submitting additional documentation or requesting a review of the initial decision by a higher authority within the insurance company.

Maintaining Detailed Records

Maintaining comprehensive records throughout the entire claim process is paramount. This includes copies of all correspondence with the insurance company, including emails, letters, and claim forms; all supporting documentation submitted; notes of phone calls and conversations; and copies of any payments made or received.

These records serve as crucial evidence in the event of a dispute or claim denial. They allow you to track the progress of your claim, identify potential inconsistencies or errors, and provide concrete evidence to support your case. Digital record-keeping is highly recommended, providing easy access and organization. Consider using a dedicated folder or cloud storage system to keep all documents organized and readily accessible. In the event of a protracted dispute or litigation, these detailed records become indispensable in demonstrating the validity of your claim and the actions taken by both you and the insurance company.

Negotiating with Your Insurance Company

Negotiating a fair settlement with your insurance company often requires a strategic approach. Effective communication, persuasive arguments, and a clear understanding of your policy and legal rights are crucial for a successful outcome. Remember, the insurance company’s goal is to minimize payouts, so you need to be prepared to advocate for yourself.

Successful negotiation hinges on clear, concise, and professional communication. Avoid emotional outbursts or aggressive language; maintain a respectful yet firm tone throughout the process. Document every interaction, including dates, times, individuals contacted, and the substance of your conversations. This documentation will serve as valuable evidence should further action be required.

Effective Communication Strategies

Effective communication is paramount in insurance negotiations. This involves clearly articulating your damages, providing comprehensive supporting documentation, and actively listening to the insurer’s perspective. A well-structured approach, focusing on facts and avoiding emotional appeals, generally yields better results.

Maintain a professional and respectful tone in all communications, both written and verbal.
Clearly and concisely explain the extent of your losses, providing detailed documentation to support your claims.
Actively listen to the insurance adjuster’s arguments and address their concerns directly with factual information.
Keep detailed records of all communications, including dates, times, and the names of individuals involved.
Consider seeking legal counsel if the negotiations become complex or unproductive.

Persuasive Arguments for Supporting Your Claim

Building a strong case requires presenting compelling evidence to support your claim. This involves gathering all relevant documentation, such as repair estimates, medical bills, and police reports. Presenting a clear and logical narrative connecting the incident to your damages is essential.

Provide detailed documentation of damages, including receipts, invoices, and estimates from qualified professionals.
Clearly articulate the causal link between the insured event and your losses. For example, if a tree fell on your car, provide photos and a police report documenting the incident.
If applicable, include witness statements or testimonies supporting your version of events.
Highlight any relevant clauses or provisions in your insurance policy that support your claim.
Quantify your losses precisely, providing a detailed breakdown of expenses and lost income.

Comparison of Negotiation Tactics

Different negotiation tactics can lead to varying outcomes. A collaborative approach, focusing on finding mutually agreeable solutions, often results in a more positive outcome than an adversarial approach. However, understanding your legal rights and being prepared to pursue legal action if necessary is a powerful negotiating tool.

Negotiation Tactic	Potential Outcome	Example
Collaborative Negotiation	Fair settlement reached quickly; maintains positive relationship with insurer.	Working with the adjuster to find a mutually acceptable repair solution.
Adversarial Negotiation	Potential for a higher settlement, but may lead to a prolonged and contentious process.	Threatening legal action if the insurer doesn’t meet your demands.
Mediation	Neutral third party facilitates a resolution; can be cost-effective and efficient.	Using a mediator to help bridge the gap between your expectations and the insurer’s offer.

Legal Representation and Litigation

Navigating insurance disputes can be complex, often requiring specialized legal expertise to secure a favorable outcome. Understanding when to seek legal counsel and the process of litigation is crucial for policyholders facing unfair denial of claims or inadequate settlements.

Circumstances Requiring Legal Representation

Legal representation becomes necessary when an insurance company acts in bad faith, consistently fails to fulfill its contractual obligations, or significantly undervalues a claim. This might include situations where the insurer denies a valid claim without sufficient justification, engages in protracted delays in processing a claim, or employs unfair or deceptive practices during negotiations. For example, if an insurer refuses to cover a legitimate car accident claim due to a technicality in the policy wording despite clear evidence of the other party’s liability, legal counsel might be needed to compel a fair settlement. Similarly, if the insurer offers a significantly low settlement far below the actual damages incurred, legal action may be required to obtain a just compensation. The complexity of the case, the value of the claim, and the insurer’s resistance to a fair settlement also strongly influence the need for legal assistance.

Factors Influencing the Decision to Pursue Litigation

Several factors weigh heavily on the decision to pursue litigation. The strength of the case, the potential recovery amount compared to legal costs, and the insurer’s reputation for litigiousness all play significant roles. A strong case with substantial evidence supporting the claim is more likely to justify the expense of litigation. Conversely, if the potential payout is relatively small compared to legal fees and court costs, litigation may not be economically viable. Furthermore, insurers with a history of aggressively defending claims might necessitate a more proactive legal approach. The emotional toll of the dispute and the desire for principled resolution also influence this decision. For example, a case involving significant personal injury might warrant litigation even if the financial recovery is uncertain due to the emotional distress suffered.

Initiating a Lawsuit

Initiating a lawsuit involves several key steps. First, choosing the appropriate court jurisdiction is critical. This depends on factors such as the location of the insured, the insurance company’s location, and the nature of the claim. The court must have jurisdiction over both the parties and the subject matter of the dispute. Next, the necessary documents, including a complaint outlining the claims and the relief sought, must be meticulously prepared and filed with the court. This complaint must clearly state the grounds for the lawsuit, the damages incurred, and the legal basis for the claim. Serving the insurance company with the complaint and other relevant documents formally commences the legal proceedings. The subsequent steps include responding to the insurer’s answer, engaging in discovery (gathering evidence), and potentially preparing for trial or settlement negotiations.

Pros and Cons of Hiring a Lawyer Specializing in Insurance Disputes

Factor	Hiring a Lawyer	Representing Yourself	Considerations
Expertise and Knowledge	Deep understanding of insurance law, policy interpretation, and litigation strategies. Access to resources and experts.	Limited knowledge of complex legal procedures and insurance regulations. Reliance on self-education.	Legal complexities of insurance disputes often require specialized knowledge.
Negotiating Power	Stronger negotiating position with insurance companies due to legal expertise and reputation.	Potentially weaker negotiating position, leading to lower settlements.	Insurance companies often respond more favorably to legal representation.
Time and Effort	Lawyer handles most aspects of the case, freeing up the policyholder’s time.	Significant time commitment required for research, document preparation, and court appearances.	Time commitment is a major factor for many individuals.
Cost	Legal fees can be substantial, potentially offset by a larger settlement.	Lower upfront costs, but potential loss of a larger settlement due to lack of expertise.	Weigh potential recovery against legal fees. Consider contingency fee arrangements.

Understanding Legal Terminology and Procedures

Navigating the legal aspects of an insurance dispute can be daunting due to the specialized terminology and complex procedures involved. A clear understanding of key legal concepts is crucial for effectively pursuing your claim. This section provides a glossary of common legal terms and Artikels the steps in a typical insurance lawsuit.

Glossary of Legal Terms

This glossary defines common legal terms frequently encountered in insurance disputes. Familiarity with these terms will significantly improve your understanding of legal documents and communications.

Term	Definition	Example
Bad Faith	An insurance company’s refusal to settle a claim fairly or promptly, often involving intentional misconduct.	An insurer denying a legitimate claim based on fabricated evidence.
Breach of Contract	A failure to fulfill the terms and conditions Artikeld in an insurance contract.	An insurer failing to pay for covered damages as stipulated in the policy.
Claim	A formal request for payment under an insurance policy.	Submitting documentation to the insurance company for reimbursement after a car accident.
Damages	Financial compensation awarded to the injured party for losses suffered.	Medical expenses, lost wages, and property damage resulting from an insured event.
Discovery	The pre-trial phase where both sides exchange information relevant to the case.	Requesting medical records and witness statements from the opposing party.
Indemnity	The principle of restoring the insured party to their pre-loss financial position.	Reimbursement for the full cost of repairing a damaged vehicle, restoring the insured to their pre-accident financial state.
Liability	Legal responsibility for causing harm or damage.	A driver’s liability for damages caused in a car accident.
Litigation	The process of resolving a dispute through the court system.	Filing a lawsuit against an insurance company.
Policy	The formal insurance contract outlining the terms and conditions of coverage.	A written document detailing coverage limits, exclusions, and responsibilities.
Precedent	A previous court ruling that serves as a guide for similar cases.	A past case ruling on the interpretation of a specific policy clause.
Subrogation	The right of an insurer to recover payments made to an insured from a third party responsible for the loss.	After paying for car repairs, the insurer sues the at-fault driver to recoup its costs.

Steps in an Insurance Lawsuit

Understanding the typical steps involved in an insurance lawsuit can help you prepare and manage expectations. The process can vary depending on jurisdiction and specific circumstances.

Filing the Complaint: The initial step involves filing a formal complaint with the court, outlining the claim and seeking specific relief (e.g., monetary damages).
Service of Process: The defendant (insurance company) is officially notified of the lawsuit through service of process, usually by delivering a copy of the complaint.
Answer and Counterclaims: The defendant responds to the complaint, admitting or denying allegations and potentially filing counterclaims.
Discovery: Both sides exchange information relevant to the case through depositions, interrogatories, and document requests.
Motion Practice: Either party may file motions to dismiss, for summary judgment, or for other relief before trial.
Settlement Negotiations: Attempts are often made to resolve the case through negotiation and settlement before trial.
Trial: If settlement is unsuccessful, the case proceeds to trial, where a judge or jury determines the outcome.
Judgment and Appeal: After the trial, a judgment is entered, and the losing party may appeal the decision to a higher court.

Gathering Evidence and Documentation

Successfully suing an insurance company hinges on presenting a compelling case supported by robust evidence. This section details the types of evidence that strengthen your claim and how to effectively organize and present this material. Failing to adequately document your claim can significantly weaken your position.

Strong evidence substantiates the validity of your claim, demonstrating the extent of your damages and the insurance company’s breach of contract. This includes factual proof of the event leading to the claim, the extent of your losses, and any communication with the insurance company. The more comprehensive and organized your evidence, the stronger your case becomes.

Types of Evidence Strengthening Insurance Claims

Various forms of evidence can strengthen your claim. These should be gathered diligently and systematically from the moment the incident occurs. The more diverse your evidence, the better your chances of proving your case. This is especially true if the insurance company contests your claim.

Photographs and Videos: Visual documentation of the damage, the accident scene, or the injured property is crucial. Detailed photos showing the extent of damage from multiple angles are invaluable. Videos can capture the event itself or the aftermath, providing a more comprehensive record.
Police Reports: If the incident involved an accident or a crime, a police report serves as an official record of the event, including details of the incident and any witness statements.
Witness Statements: Statements from individuals who witnessed the event can corroborate your account. These statements should include the witness’s contact information and a detailed description of what they observed.
Medical Records and Bills: For injury claims, detailed medical records, including doctor’s notes, diagnostic tests, and treatment records, are essential to demonstrate the extent of your injuries and related expenses.
Repair Bills and Estimates: For property damage claims, obtaining detailed repair bills and estimates from qualified professionals demonstrates the cost of repairs or replacement.
Correspondence with the Insurance Company: Maintain a record of all communication with the insurance company, including emails, letters, and notes from phone conversations. This documentation helps to track the claim’s progress and highlight any instances of bad faith or unreasonable delays.

Crucial Documents Supporting an Insurance Claim

Beyond the evidence types, specific documents are essential for building a solid case. These documents provide concrete proof of your claim and the associated damages.

Insurance Policy: A copy of your insurance policy is fundamental, as it Artikels the terms and conditions of your coverage.
Claim Form: A properly completed claim form, submitted according to the insurance company’s instructions, is the official start of the claims process.
Proof of Ownership: Documents such as a title deed (for property) or vehicle registration (for car accidents) prove your ownership of the damaged property.
Bank Statements: These can show proof of payments made for repairs or medical expenses.

Organizing and Presenting Evidence Effectively, How to sue an insurance company

Effective organization is key to presenting a compelling case. A well-organized presentation simplifies the review process for both you and the insurance company or the court.

A chronological approach is generally recommended. Create a detailed timeline of events, starting from the incident itself to the current stage of the claim. Each entry should be linked to the relevant evidence. Using a dedicated folder or digital system to store and organize all documents is crucial. Consider creating a comprehensive index or table of contents for easy navigation. This demonstrates professionalism and facilitates a smooth review process.

Common Insurance Disputes and Resolutions

Disputes between policyholders and insurance companies are unfortunately common. These disagreements often stem from misunderstandings about policy coverage, the claims process, or the valuation of damages. Understanding the common causes of these disputes, and the available resolution methods, is crucial for policyholders seeking fair compensation.

Causes of Insurance Disputes

Several factors frequently contribute to disputes between insurance companies and their policyholders. These include disagreements over policy interpretation, inadequate claim investigations, unreasonable claim denials, and low settlement offers. For example, a homeowner’s insurance policy might exclude certain types of damage, leading to a dispute if the policyholder believes the exclusion is inapplicable to their specific situation. Similarly, a car insurance company might undervalue the cost of repairs after an accident, leading to a dispute over the appropriate compensation. Delayed claim processing, lack of communication, and perceived bad faith practices on the part of the insurer also often fuel disputes.

Examples of Successful Claim Resolutions

Successful resolutions often involve clear communication, thorough documentation, and sometimes, legal intervention. Consider a scenario where a policyholder’s home was damaged by a fire. After submitting a comprehensive claim with detailed documentation including photos, repair estimates, and witness statements, the insurance company initially offered a significantly low settlement. However, after the policyholder engaged a public adjuster who negotiated on their behalf, a significantly higher settlement was reached, covering the full cost of repairs and additional living expenses. In another instance, a car accident victim received a fair settlement after presenting strong evidence, including police reports, medical records, and witness testimonies, supporting their claim for damages. These successful outcomes demonstrate the importance of preparation and potentially, legal assistance.

Dispute Resolution Methods

Several methods exist to resolve insurance disputes outside of formal litigation. Mediation involves a neutral third party who facilitates communication between the policyholder and the insurance company to help them reach a mutually agreeable settlement. Arbitration, a more formal process, involves a neutral arbitrator who hears evidence from both sides and renders a binding decision. These methods can often be faster and less expensive than litigation, offering a more efficient path to resolution. While mediation emphasizes compromise and collaboration, arbitration provides a more definitive outcome, resembling a mini-trial without the complexities of court proceedings. The choice between these methods often depends on the complexity of the dispute and the preferences of the involved parties.

State-Specific Laws and Regulations: How To Sue An Insurance Company

Navigating the complexities of insurance claims and litigation requires a thorough understanding of the relevant state laws. Insurance regulations vary significantly across states, impacting every stage of the claims process, from initial filing to potential litigation. These differences can significantly affect the outcome of a claim and the strategies employed by both the insured and the insurance company.

State laws dictate various aspects of insurance claims, including the types of coverage offered, the process for filing a claim, the methods available for dispute resolution, and the time limits for taking legal action. Failure to understand and comply with these state-specific regulations can severely jeopardize an insured’s ability to recover damages. This section will explore how these variations impact insurance claims and litigation, providing examples and a comparative overview of key legal differences across several states.

Variations in Legal Processes Across States

State insurance departments establish regulations governing how insurance companies operate within their jurisdictions. These regulations cover a wide range of issues, including claim handling procedures, policy language requirements, and the availability of specific types of insurance coverage. For example, some states have stricter regulations regarding bad faith claims against insurance companies, while others may have more lenient requirements for proving negligence. Furthermore, the availability and scope of mediation or arbitration as dispute resolution methods can vary widely. The time limits for filing a lawsuit after a claim denial can also differ substantially, creating significant implications for individuals pursuing legal action.

Comparative Overview of State Insurance Claim Processes

The following table highlights key differences in insurance claim processes across three states: California, Florida, and Texas. It is crucial to remember that this is a simplified overview, and specific details may vary depending on the type of insurance claim and other relevant factors. Consulting with a legal professional specializing in insurance law in the relevant state is always recommended.

State	Claim Filing Process	Dispute Resolution Methods	Legal Time Limits
California	Generally requires prompt notification of the insurer, followed by submission of a detailed claim form and supporting documentation. Strict regulations regarding claim handling practices by insurers.	Mediation, arbitration, and litigation are all available options. California has specific statutes related to uninsured/underinsured motorist claims.	Statutes of limitations vary depending on the type of claim, typically ranging from one to three years.
Florida	Similar to California, prompt notification is crucial. Florida has specific requirements regarding the evaluation and settlement of personal injury protection (PIP) claims.	Mediation and arbitration are commonly used, with litigation as a last resort. Florida’s no-fault system impacts the handling of auto accident claims.	Statutes of limitations for various claims vary, but generally fall within a two- to four-year timeframe.
Texas	Texas emphasizes prompt notification and the submission of comprehensive documentation. Specific regulations exist regarding property insurance claims, including those related to natural disasters.	Mediation and arbitration are available options, although litigation is frequently pursued. Texas has specific laws regarding bad faith claims against insurance companies.	Statutes of limitations vary significantly depending on the claim type, ranging from one to four years.

Illustrative Case Studies

Examining real-world examples of insurance claims provides valuable insight into the complexities of the process, highlighting successful strategies and common pitfalls. Understanding these case studies can significantly improve your ability to navigate your own insurance disputes.

Successful Homeowners Insurance Claim After a Fire

This case involved a homeowner whose house suffered significant fire damage. The homeowner immediately contacted their insurance company and filed a comprehensive claim, meticulously documenting all losses with photographs, receipts, and detailed inventories. They worked closely with a public adjuster, who negotiated with the insurance company on their behalf, ensuring all losses were accounted for, including the cost of temporary housing, replacement of personal belongings, and structural repairs. The adjuster’s expertise in insurance claims and negotiations proved invaluable in securing a settlement that fully covered the homeowner’s losses, exceeding their initial expectations. The key to success was thorough documentation, prompt action, and professional representation.

Unsuccessful Auto Insurance Claim Due to Policy Lapse

In this instance, an individual was involved in a car accident and attempted to file a claim with their auto insurance company. However, it was discovered that their policy had lapsed several months prior to the accident due to an oversight in making premium payments. Despite the individual’s attempts to argue extenuating circumstances, the insurance company denied the claim based on the clear breach of contract Artikeld in the policy’s terms and conditions. This case highlights the critical importance of maintaining active insurance coverage and understanding the implications of policy lapses. The lack of current coverage was the primary reason for the claim’s failure; no amount of negotiation could overcome this fundamental issue.

Litigation Following a Denied Medical Malpractice Claim

This case involved a patient who suffered severe complications following a surgical procedure. The patient believed the complications resulted from medical malpractice and filed a claim with the surgeon’s professional liability insurance company. The insurance company denied the claim, arguing that the complications were unrelated to the surgery. The patient, advised by legal counsel, initiated a lawsuit against the surgeon and the insurance company. The legal process involved extensive discovery, expert witness testimony, and ultimately, a trial. The court found in favor of the patient, awarding significant damages for medical expenses, pain and suffering, and lost income. This case demonstrates that litigation can be a necessary avenue for resolving disputes when insurance companies deny legitimate claims. The successful outcome hinged on strong evidence, expert medical testimony, and competent legal representation throughout the complex litigation process.

Closure

Successfully navigating a dispute with an insurance company often requires persistence, preparation, and a clear understanding of your rights. While resolving issues amicably is ideal, knowing when and how to pursue legal action is crucial. This guide has provided a framework for understanding the process, from initial claim filing to potential litigation. Remember, thorough documentation, effective communication, and potentially seeking legal counsel are key to achieving a fair outcome. Don’t hesitate to seek professional help if the complexity of your case requires it.

Frequently Asked Questions

What constitutes bad faith by an insurance company?

Bad faith generally involves an insurer’s unreasonable denial of a valid claim or unreasonable delay in processing a claim, often violating the terms of the policy or acting in a way that harms the policyholder.

How much does it cost to sue an insurance company?

Costs vary greatly depending on the complexity of the case, the need for expert witnesses, and whether you hire an attorney. Legal aid may be available for those who qualify.

Can I represent myself in a lawsuit against an insurance company?

While you can represent yourself (pro se), it’s generally recommended to seek legal counsel due to the complexities of insurance law. An attorney can significantly improve your chances of a favorable outcome.

What is the statute of limitations for suing an insurance company?

Statutes of limitations vary by state and the type of claim. It’s crucial to consult your state’s specific laws to determine the applicable timeframe.