Home

IN LAW

Assault & Battery
Bad Faith Insurance
Car Accidents
Clergy Sexual Abuse
Defamation of Character
Definition of Libel
Dog Animal Bites Law
Dram Shop Liability
DUI Laws
Elder Abuse Law
Employment
Enviornmental Law
False Arrest
False Imprisonment
Gender Discrimination
Infliction of Emotional Distress
Invasion of Privacy
Legal Malpractice
Malicious Prosecution
Nursing Home Abuse & Neglect
Personal Injury Advice
Personal Injury Cases
Personal Injury Claims
Personal Injury Compensation
Personal Injury Insurance
Personal Injury Investigations
Personal Injury Lawsuits

Personal Injury Settlements
Police Misconduct
Premises Liability
Recovered Memory
Restorative Justice
Settlement Funding
Sexual Harassment
Slander Laws
Whistleblower Laws
Wrongful Death

Wrongful Termination

OF LAWYERS

Personal Injury Lawyers By State:

AK AL AR AZ CA CO CT DC DE
FL GA HI IA ID IL
IN KS KY LA
MA
MD ME MI MN MO MS MT
NC
ND NE NH NJ NM NV NY
OH OK OR PA RI SC SD TN
TX
UT VA VT WA WI WV WY

Personal Injury Lawyers
-
Asbestos
- Car Accident
- Domestic Violence
- Medical Malpractice
- - Birth Injury
- - Brain Injury
- Product Liability

LEGAL TERMS

Legal Terms & Definitions
- Civil Lawsuits
- Class Action
- Compensatory Damages
- Definition of Tort
- Informed Consent
- Intentional Torts
- Loss of Consortium
- Negligence Claims
- Punitive Damages

-Statute of Limitations

OF MED. MALPRACTICE

Medical Malpractice
- Birth Injuries
- Brain Injuries
- Dental Malpractice
- Gastric Bypass Litigation
- Medication Errors
- Psychiatric Malpractice

Of Products ...

Product Liability
- Bextra
- Celebrex
- Mesothelioma
- Ultram
- Vioxx

Medical Injuries ...

Back
Foot
Hand
Knee
Mesothelioma Treatment
Shoulder

Spinal Cord

Specific Injuries ...

Asbestos Dangers
Avoiding

Blast
Boxing

Electrical
Fireworks

Lifting

Personal Safety

PPH
Skateboard
Slip and Fall
Sports

Of Interest

Celebrity Lawsuits
Frivolous Lawsuits
Funny Accidents
Hurricane Katrina
Jessica Lunsford Act
Lawsuit Abuse
Megan's Law
Tort Reform
Weird Accidents

More Info

Privacy
About Us
Contact Us
Link To Us

Personal Injury Blog
News
FAQs
Resources

 

 

 

 

 

     
 

Statute of Limitations

A statute of limitations is a law that defines a maximum period-of-time within which a lawsuit or claim may be filed. A statute of limitations may differ depending on the circumstances of the case and the type of case or claim.

 

Personal Injury Lawyer Referral
Find a qualified and extremely competent personal injury lawyer in your location.
 

The statute of limitations may differ from state to state as well as whether or not the case is filed in a federal or state court. If a lawsuit or claim is not filed before the deadline of the statute of limitations, the right to sue or file a lawsuit is barred. In some cases, the statute of limitations may be extended.

There are several reasons for having a statute of limitations. The first is fairness. Over time, people may not remember events exactly as they happened, evidence may be lost, and people wish to move on with their normal lives without worrying about a legal suit.

The injured party is also responsible for being diligent in bringing the lawsuit with speed and efficiency. This is also to be fair to both parties and allow all parties to continue on with their life without dealing with a lawsuit as well as because the value of evidence diminishes over time.

There are different categories of statute of limitations and are divided into civil and criminal claims. The different kinds of statute of limitations for civil claims, in general, are as follows:

  • Negligence. Personal injury has a statute of limitations of one to two years and intentional wrongdoing is one to six years.
  • Breach of Oral Contract has a statute of limitations of two to six years.
  • Breach of Written Contract has a statute of limitations of three to six years.
  • Professional Malpractice. If it is medical malpractice, one to four years from the act or occurrence of injury is the statute of limitations. The statute of limitations also allows for six months to three years from discovery. Certain conditions will extend this statute of limitations including if the injured person is a minor, foreign object or fraud. With legal malpractice, the statute of limitations is one to three years from date of discovery or two to five years from the wrongful act.
  • Fraud or Mistake has a statute of limitations of three to six years.
  • Claim Against a Government Entity usually has a statute of limitations of less than one year.
  • Federal Income Taxes have a statute of limitations of ten years on collection of federal taxes.
  • Enforcement of Civil Judgement has a statute of limitations of five to twenty-five years.

When the case is a criminal case, there are limitations on the time a criminal prosecutor can bring a criminal action against someone who has entered into illegal acts. These restrictions are based on whether the case is filed in federal or state court, the type of punishment recommended for the crime, and whether the death penalty is part of the recommended punishment. Generally, there is no statute of limitations for homicide cases.

There are certain circumstances in which the statute of limitations may be extended. These circumstances include a delay in the discovery of the injury or harm for which the lawsuit is being filed or a delay in the discovery of the injury or harm for which a lawsuit would be filed. And, if the injured person is a minor, the statute of limitations is extended until the minor turns the legal age of majority.

 

 

 

 

 

 

 


 

 


 

  COPYRIGHT 2014 ALL RIGHTS RESERVED Major Injury Law