You've been wronged, you're mad, and you know you want to sue, but first you need to learn more about statutes of limitations. Read more to find out how statutes of limitations can affect you and your case.
Find out more about Litigation
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by Heleigh Bostwick
Heleigh Bostwick has been writing for LegalZoom since 2006, touching on topics as diverse as estate planning and kids...
Updated on: November 20, 2023 · 2 min read
You've been wronged, you're mad, and you know you want to sue. Better yet, you know your case is so well documented that there's no way you'll lose. That is, unless you wait just a little too long to get to court. If you fall victim to the statute of limitations for your particular lawsuit, there is no way a court can help you right your wrong. The question is: What do you need to know about statutes of limitations? Here is how they can affect your case.
Statutes of limitations are laws that specify how much time a person has to file a lawsuit against a company or an individual. Once this period of time or "statutory deadline" has passed, it is no longer possible to file a claim or case related to the alleged incident or event. For example, if one state's statute of limitations for medical malpractice is 2 years, and you file a lawsuit 2 years and 1 day after an alleged incident has occurred, you are out of luck. With very few exceptions, once that 2-year statutory deadline has passed, a lawsuit cannot be filed against the doctor or hospital for any reason whatsoever.
There are two types of statutes of limitations, criminal and civil. Most statutes of limitations refer to civil cases. While crimes such as misdemeanors or petty crimes have statutes of limitations, most crimes do not. Homicides, for example, can be prosecuted at any time.
Not only varying by type, cases or claims are subject to two different statutes of limitations, depending on the court in which they are filed. Federal statutes of limitations refer to federal courts, and state statutes of limitations pertain to state courts. Federal statutes of limitations have their own time periods, and the same lawsuit's time period will vary by state. As a general rule, most states' statutes of limitations range from 1 to 6 years.
What can you sue for? Sometimes, it feels like anything at all. If your lawsuit falls under the following categories, you are also subject to a statute of limitations. Investigate at the state and federal level how long the statute is and just how it will apply to you. Common statutes in civil law include:
Your statute of limitations clock starts counting down at the time of the alleged incident or event. In certain lawsuits, however, you may have more time than you realize. The statutory deadline can be extended or "tolled," as it is called in legal circles. A good example is the discovery of an injury after the fact; if, six months after an operation, it becomes apparent the doctor was negligent or personal injuries due to negligence that happened to a minor under the age of 18.
In order to protect your rights, it pays to know what the statutes of limitations apply to your case. As a general rule, if you're thinking about filing a lawsuit, get after it. Filing sooner rather than later will save you from any hassle with statutes of limitations.
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