Statute of limitations is a blanket term used to describe state statutes that specify the time limit that a plaintiff has to file a complaint or that the prosecutor has to file criminal charges. Thus, if this time has passed, the plaintiff or prosecutor is barred from initiating a case against the defendant.
Statutes of limitations protect defendants from litigation. The United States has an adversarial legal system. This means that the legal system does not skew towards the plaintiff or the defendant. Rather, the system is designed to be fair to both parties.
Statutes of limitations allow plaintiffs to pursue valid claims when they exercise due diligence in filing them. Statutes of limitations also protect defendants from late-filed complaints in which evidence may have been destroyed or lost.
The statute of limitations begins to run either at the time of injury or when the plaintiff discovers the injury.
If a lawsuit is filed after the statute of limitations, the claim can often be defeated by the defendant. However, in some instances, the clock may be briefly stopped. This is known as tolling.
For instance, if the plaintiff is a minor at the time of the injury, many states will allow tolling until the plaintiff has reached 18 years old. This is because lawsuits can only be filed by legal adults. Tolling means that the clock will stop running until the condition that caused the tolling ends.
The parties may also agree to shorten or lengthen the statute of limitations, though this is rare.
A statute of limitations is a statute or state law. It will usually be found in the state statute for the claim that you are seeking to file. For instance, if you want to file a negligence complaint related to a car accident, you will most likely need to look under the common law negligence statute for your state. This statute will state the statute of limitations, usually in terms of years, and may also define when the statute of limitations begins running.
If you are either interested in filing a lawsuit or a lawsuit has been filed against you, you will need a personal injury lawyer. An attorney that practices personal injury law can help you to determine if the statute of limitations have passed. The personal injury lawyer can also discuss your claims and counter-claims, evaluate the merits of your case, and help you navigate the court system.
Last Modified: 02-28-2018 04:20 AM PSTLaw Library Disclaimer
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