The legally prescribed time limit in which a lawsuit must be filed. Statutes of limitation differ depending on the type of legal claim and on state law. If you fail to file your lawsuit within the time prescribed, you are forever barred from recovering on your claim. There are different time limitations based on the type of case you are bringing. As with many legal issues, you should always consult a local attorney to determine your statute of limitations. Do not rely on internet research to determine your statute of limitations!
THE FOLLOWING ARE SOME OF THE MORE COMMON STATUTES OF LIMITATIONS:
Personal injury lawsuits must be filed within two years from the time of the injury. In cases where the injury was not discovered immediately, then there is a one-year time limit from the date that the injury was discovered. Property Damage
: There is a three-year time limit to file a lawsuit for property damage, from the date that the damage occurred. Breach of a Written Contract:
In cases where there has been a breach of a written contract there is a four-year time limitation from the date that the contract was broken.
Breach of Oral Contract:
when there is a breach of an oral contract there is a three-year time limit to file a lawsuit, from the date that the contract was broken.
Government Agency Claims:
The claim filed against the government agency has a time limit of six months from the date of the incident. However, in some cases the deadline can be one year from the date of the incident. Should the claim be denied, then a lawsuit can be filed in court and the normal statutes will apply for the time limitation.
There are some crimes that do not have a statute of limitations, like murder that has no statute of limitations. If you believe that you have a claim, it can be difficult to determine the statute of limitation. If you are unsure about the amount of time you have to file a lawsuit, it is important to consult an attorney.
The court self-help resources might be helpful, but it is vital to remember if the statute of limitation expires, your lawsuit will be dismissed if this defense is asserted.