How The Statute Of Limitations Impacts Your Rights: Timeliness Of Your Claim

How The Statute Of Limitations Impacts Your Rights: Timeliness Of Your Claim

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A statute of limitation is state or federal law enacted to protect defendants from lawsuits arising many years after an incident. Plaintiffs must bring legal proceedings within time periods specified in the statute. The purpose for offering this protection to defendants is, over time, evidence may be lost, memories of witnesses to the incident will likely fade, and witnesses may disappear or die. It also ensures defendants a certain peace of mind from continual fear of lawsuits indefinitely.

However, despite the benefits bestowed on defendants, the statute must also give plaintiffs a reasonable period of time to commence a lawsuit after an occurrence. It is deemed unconstitutional if a plaintiff is not given an equitable opportunity to initiate legal action. In some states, a court may extend the time period of a statute of limitation or it can either be shortened or lengthened with consent of all parties to the action.

A defendant may use a statute of limitations as a defense against a plaintiffs action. The defendant must raise this defense prior to responding to the plaintiffs claim or his or her right to use this defense is prohibited.

Another aspect to statutes of limitations is tolling. Tolling allows suspension of the time period permitted by the statute of limitations until certain conditions are met. For instance, a statute of limitation is tolled if a party to the action is a minor child. When that child attains the age of majority, the time period will resume.

State statutes of limitations vary considerably. For example, the time restrictions within which a personal injury claim must be commenced vary between one and six years across the country. State statutes are available on the Internet and should be reviewed carefully as soon as it becomes evident there is a cause of action against another party. Reduced limitations are applicable to government agencies, including states, cities and counties. This must be investigated if the proposed defendants are governmental entities. The time within which to begin legal action against government defendants may be as short as six months.

About the Author:
Obtaining legal assistance is critical if you or a loved one has suffered an injury due to the negligence of another party, such as in cases involving auto accidents, maritime accidents, or medical malpractice. An attorney can help individuals receive compensation for damages.



Article Originally Published On: http://www.articlesnatch.com


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