Statute of Limitations Information

A statute of limitations is a deadline to file a lawsuit. The specific limitations that apply to a case will vary by state and by the type of claim.

Understanding the Law

Typically, the time period designated by the statute of limitations begins on the day the injury occurred, but many states have enacted laws that can impact these time limits in certain cases. For example, claims involving minors may be granted longer time periods for filing a claim. In these types of cases, the statute of limitations may not begin until the injured minor turns 18. Similarly, in cases where the injured party may not become aware of the injury for many months or years, such as in claims involving misdiagnosis as a result of medical malpractice, the time period for filing a lawsuit would begin when the person became aware (or should reasonably have discovered) that the harm occurred. Alternatively, persons filing claims against government entities may be surprised to realize that the statute of limitations is typically very short. So if a loved one dies due to negligence on the part of a government entity, surviving family members may have less time to file a wrongful death claim.

Protecting Your Rights

It is the injured party's responsibility to adhere to the deadline when they intend to file a lawsuit for damages caused by another party's negligence. As an injured person, you must have a lawsuit filed on your behalf within the time period set by the statute of limitations. If a complaint is not filed within this window, you may be forever barred from recovering monetary damages for your injuries.

Contact an Attorney

It is important to consult an experienced personal injury attorney as soon as possible after an injury so that you may be advised of the statute of limitations in your case. An attorney can be sure your rights are protected.