As personal injury attorneys, we protect the rights of injury victims and their families, while securing the justice they deserve. Our series “Legal Terms You Should Know” serves to inform readers of the legal tools at their disposal in pursuit of justice.
What does the Statute of Limitations mean?
Whether you’ve ever considered pursuing legal action or not, you are likely familiar with the term statute of limitations. Despite its common usage, this concept is not as straightforward as it may seem. Knowing the rules around statutes of limitations is a critical step when considering your legal options.
To start, what exactly is the statute of limitations?
The statute of limitations refers to the legally determined time frame during which a person is eligible to file a lawsuit. The moment that period of time has passed, you generally lose the right to pursue legal action regardless of your claim’s validity. This time limit exists for a wide range of case types, including personal injury, medical malpractice, Asbestos litigation, and much more.
The exact timeframe will differ depending on the state where the case is pursued, and the exact nature of the lawsuit.
Statutes of Limitations by Case Type
Knowing the specific statute of limitations for each case type is essential for anyone considering legal action. Consider the following examples and their respective statutes.
Personal Injury cases generally have a statute of limitations that spans anywhere from one to three years, depending on the state in which harm took place.
Medical Malpractice cases have a slightly smaller window to act. For most jurisdictions, the timeline is one to two years.
For Product Liability cases, expect a limitations window between two and four years, depending on the jurisdiction.
Why Do Statutes of Limitations Exist?
Statutes of limitations play an important role in the legal process. Here are a few of the reasons why they exist, and how they keep the system running fairly.
Preserving Evidence
As time passes, evidence may become harder to gather, witnesses’ memories become less reliable and physical evidence can deteriorate. An established statute of limitations affirms that lawsuits include the most valid evidence.
Encouraging Timely Claims
The statute of limitations encourages plaintiffs to pursue legal action without delay. While there may be an instinct to delay for strategic reasons, you do not want to risk excess delay or neglecting to pursue a valid lawsuit.
A Fairer Process for All
In our legal system, statutes of limitations provide an important limit to the period in which defendants can be sued. An indefinite period would remove clarity and order to a process that boils down to basic fairness.
When Does the “Clock” Start?
Generally, the proverbial “clock” for statutes of limitations begins once injury or harm takes place. For personal injury cases, the statute often begins on the date an accident occurs.
However, there are notable exceptions, including and especially when it comes to medical malpractice. These cases utilize what’s known as the discovery rule which states that the statute might not start until the injured party discovers, or reasonably should discover, whatever harm was incurred. For medical malpractice plaintiffs, this would apply to harm incurred from a medical procedure. In practice, the clock could start weeks, months or years after the initial harm took place.
What are the exceptions?
While the statute of limitations generally applies without exception, there are unique circumstances where the timeline may be extended. Consider the following examples:
- For plaintiffs who are currently minors, the statute of limitations may not begin until they turn 18 years old.
- In instances where the plaintiff is mentally incapacitated, the established statute may be paused until the plaintiff regains capacity.
- If the defendant intentionally concealed wrongdoing associated with the case, the statute of limitations will not begin until the plaintiff discovers the wrongdoing.
Regardless of these exceptions, it’s critical to know when jurisdictions have placed an absolute deadline for filing injury claims. These deadlines, called statutes of repose, remain in effect regardless of when the plaintiff discovers their injury
What if I miss the Statute of Limitations?
To be clear, the statute of limitations is a deadline that you do not want to miss. Failing to file a lawsuit before the statute of limitations concludes will usually result in the court dismissing your suit outright.
Make sure you remain aware of all key deadlines associated with your case, and take action as soon as you have the details in order. Taking prompt action ensures your chance at justice and the compensation you may be entitled to.
Taking Action
If you believe you have a legal claim, consult an attorney promptly. Experienced attorneys will guide you through every detail you need, including the statute of limitations for the case type relevant to your situation.
The team at Peter Angelos Law has the knowledge, expertise, and compassion to provide you with the best information. Whether you are pursuing a personal injury, medical malpractice or other related case, our team will ensure that your claim is filed promptly.
Don’t miss your chance at the justice you deserve!
Contact Peter Angelos Law today for a free consultation.