Learning About Legal Issues And Information: Statute Of Limitations Defined

Learning About Legal Issues And Information: Statute Of Limitations Defined

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A statute of limitations is a determinant of how much time a victim of a crime or civil injury has to commence litigation. Statutes of limitations are legal limits designed to protect defendants by imposing a reasonable number of years that a plaintiff may bring action against them for an alleged wrongdoing.

Practical Implications of a Statute of Limitations
Each state has its own statute of limitations attached to various litigation issues, while federal statutes of limitations are static across states. To beat the clock for the timely filing of a lawsuit, you must file a complaint within the designated timeframe for your case for your legal issue to be heard in a court of law.

What Missing a Statue of Limitations Requirement Means to You
The effect of a plaintiffs failure to initiate his action by the statue of limitations deadline set forth is that the defendant has an absolute defense to the lawsuit because there is no grace period for a statute of limitations violation. Most civil cases have a two-, three-, or four-year time limit for their filing. If a plaintiff waits too long to initiate a claim or his/her attorney misses the filing deadline, the plaintiff loses their right to file a claim. However, if your action involves multiple causes of action and the statute of limitations is different for some of the other causes, you can still make your claims for those on which the deadline to do so has not expired.

What You Need to Know About Statute of Limitations and Your Particular Lawsuit
Generally, you need to know when the clock starts ticking on your particular lawsuit category. It usually begins when the cause of action occurs the day of the collision, the day your property was damaged, or the day the triggering incident occurred. In some instances, if the plaintiff and defendant voluntarily agree to toll (put on hold) the statute of limitations in an attempt to settle the case without litigation, the time limit may be extended and if the parties are unable to resolve their dispute by the agreed-to deadline, the statute of limitations begins on the deadline previously set.

To determine with certainty when your particular statutes of limitations begins and ends, you should consult a personal injury attorney.


About the Author:
If you are injured or someone you love is killed as a result of an auto accident, medical malpractice, dog bite or other type of negligence, an attorney can help you review your rights.



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


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