The Statute of Limitations - Your Time to File a Case
By: Wally Singer
If you have been injured or harmed in some way by another party, it is important for you to pursue compensation with the assistance of a skilled lawyer in your state. However, many people do not realize that they have a limited time in which to pursue a claim. This timeframe is determined by the statute of limitations, and the statute of limitations varies from state to state and even from case to case. Below is a brief overview of what the statute of limitations entails.
In brief, the statute of limitations is a set amount of time after an infraction in which a legal claim or a lawsuit may be filed. A lawsuit or legal claim may only be filed within the statute of limitations in order to be eligible. Once the statute of limitations has expired, a lawsuit or legal claim may not be brought about, with limited exceptions.
One of the reasons that statute of limitations exist is to ensure fairness to all parties involved in a given infraction. Given that memories of an incident can fade and evidence may deteriorate or disappear, it is only fair to impose a time limit on filing cases in order to ensure accuracy in deliberation. Given this, the value of the evidence may possible diminish as time goes by.
One of the possible exceptions to the statute of limitations involves the discovery of an injury or loss. This is sometimes referred to as the discovery rule. If, say, work in a factory many years ago resulted in some sort of exposure that caused a harmful medical condition (e.g., asbestos exposure resulting in mesothelioma), the statute of limitations would begin the moment the injury was discovered rather than many years before when the exposure first took place.
Regardless the circumstances of your case, it is of the utmost importance to speak to legal counsel as soon as you are able in order to seek proper compensation for your injury or loss. A skilled lawyer will be able to determine your case’s eligibility for a suit and which damages to pursue, whether they be compensatory damages or punitive damages.
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