Statute of Limitations on Civil Lawsuits
Statutes of limitations are rules that set the deadline or maximum period of time within which a lawsuit or claim can be filed. If a claim is not filed within the deadline, you lose the right to sue or file a claim in the future. However, statutes of limitations can be extended under certain circumstances.
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Different Statutes of Limitations
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Statutes of limitations vary according to each state and also according to the type of claim. Negligence claims can be either personal injury or wrongdoing claims. Personal injury claims have deadlines ranging from one to two years, according to the website All Business. The statute of limitations on intentional wrongdoing range from one to six years. Breach of contract claims have from two to six years to be filed, depending on state laws. The statute of limitations for breach of a written contract ranges from three to six years.
Accrual
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The statute of limitations begins to run upon accrual of the claim. A claim accrues on the day in which the injury or wrongdoing is known. These wrongdoings are called torts and the tort must also cause an alleged liability. The claim cannot accrue on the same day that the tort occurred. Sometimes a person does not realize an injury or loss until after the incident, which is common in medical malpractice cases.
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Waiving the Defense
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The defendant uses a statute of limitations defense when the plaintiff has brought suit after the allotted time limit has lapsed. Although it is usually in the defendant’s best interest to use this defense when possible, the court cannot force a defendant to use it, according to LawBrain. However, in some cases, the defendants will waive the right to use this defense through an agreement of the parties. This can happen in a debtor’s agreement to waive the statue of limitations in exchange for a creditor’s promise not to sue.
Tolling
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A plaintiff in a civil lawsuit can ask to suspend the running of the period set forth by the statute of limitations. This is known as tolling the statute of limitations, according to LawBrain. Tolling provisions extend the time period in which a claim can be filed. Tolling is allowed under various circumstances, such as when parties are legally disabled. Minors are deemed incapable of initiating legal actions on their own behalf, therefore the time limit might be tolled until the minor reaches majority age. Mere ignorance usually does not permit tolling of statute of limitations.
Suits Against the Government
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Civil lawsuits against government agencies have their own set of statute of limitations that are separate from the rules for civilians suing each other in civil court. Every state has its own statutes of limitations for suing a government agency. However, most statutes of limitations are at least one year. One state might allow a one-year statute of limitation on a personal injury claim, while another state might allow two years.
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References
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