What is the Statute of Limitations on Negligence?

Statutes of limitation vary from state to state.

A statute of limitation is the time allowed for you to sue for injury in court. Many lawsuits are claims for negligence. The statutes of limitation may vary according to the type of negligence and to each state's laws. Also, there are special statute of limitation rules for claims against a government agency.

Accrual

The moment when the statute of limitation for negligence claims starts running is known as the time of accrual. Most negligence claims accrue at the time of injury or incident. For example, if a car struck you, the time limit for bringing suit begins the day you were hit. However, other cases are not as simple. In many medical malpractice incidences, you may not notice the doctor's mistake until days or weeks after the incident. In these cases, the statute of limitation begins running upon knowledge of the injury, according to Business Dictionary.

Suing a Government Agency

Negligence claims against a government agency are regulated by separate statute of limitation rules. You usually must file a "notice of claim" before you are allowed to sue the government agency. The time limits differ from state to state, however it can be as short as 60 days after the injury, according to FindLaw. If the government denies your claim, you will receive a denial letter informing you of how much time you have to file suit in court.

Medical Malpractice

When a medical professional injures a patient through negligence, it is called medical malpractice. Some states contain specific statutes of limitation for medical malpractice. These limitations can range from 6 months to 4 years from the time of the incident, according to MedicalMalpractice.com. The clock on the statute of limitation for medical malpractice does not start until after the injury is first noticed. Each state has its own statute of limitation laws for medical malpractice.

Product Liability

Each state's statute of limitation laws govern claims for product liability. In most states, the time period begins upon discovery of the injury, according to FindLaw. A few states start the statute of limitation when the injury actually occurred. Some states also follow statutes of repose, which prevent lawsuits within a specified period of time after a certain event has occurred, such as the sale of a product. Statute of limitation laws for product liability can vary greatly. For example, Alabama has a one-year statute of limitation, while Maine has a six-year limit to bring suit.

Tolling

In certain instances the statute of limitation for negligence can be extended, otherwise known as tolling. You can toll the limitations when one of the parties is legally disabled, according to The Free Dictionary. Minor children and the mentally ill are also considered incapable of making legal decisions; therefore the limitation will be extended until some fixed time. For example, once a child reaches majority age, the statute of limitation will continue to run.

References

• Medical Malpractice: Medical Malpractice Statute of Limitations by State
• The Free Dictionary: Statute of Limitations
• FindLaw: Injury Claims Against the Government
• FindLaw: Is It Too Late to Sue?
• BusinessDictionary: Accrual of a Claim Definition