What Are Statutes of Limitations?

When taking legal action, timing is everything. Each state has laws known as statutes of limitations, which set specific deadlines for when a lawsuit must be filed. These deadlines vary depending on the state where the incident occurred and the type of case, such as general Personal Injury or specifically medical malpractice. There can even be an extended deadline if the injury happened to a child, or a reduced deadline if a municipal government holds liability.

If the deadline passes before you file your claim, you will lose your right to seek damages.

When considering filing a lawsuit, one of the most important factors is not whether you have a strong case, but whether you are still legally allowed to file. At Jan Dils, Attorneys at Law, we understand how important deadlines are and can help you navigate the legal process.

Statute of Limitations

The main purpose of the statute of limitations is to promote fairness and accuracy in legal proceedings. Over time, evidence can be lost, memories fade, and crucial witnesses may not be available or have passed away. These laws strongly encourage disputes to be addressed while the facts are still fresh and reliable. By encouraging timely action, statute of limitations help preserve the integrity of the justice system.

In most cases, the statute of limitations begins on the date the accident or injury occurred. However, knowing the exact start date is vital to prevent missing the deadline. Misjudging the date, even by a few days, could prevent your case from ever being heard.

The Discovery Rule

Some injuries are not immediately obvious, such as certain medical malpractice claims. In these types of cases, the statute of limitations may begin when the injury is discovered, or when it reasonably should have been discovered. For example, if a surgeon left a foreign object inside you and you did not notice until two years later during a medical exam, the statute of limitations may begin on the day the issue was discovered. This exception is known as the discovery rule, which is designed to prevent unfair penalization for delays caused by hidden or delayed symptoms.

It is important to note that not every state applies the discovery rule the same way. Some limit how long after the injury discovery you can still file. That is why having an experienced attorney review your case is so important.

Contact Us Today to Discuss the Statute of Limitations for Your Case

If you believe that you have a legal claim, time may already be running out. Statutes of limitations can be complex and waiting too long can mean losing your right to file altogether, even if the case has a strong claim. At Jan Dils, Attorneys at Law, our experienced attorneys can help you understand the statutes of limitations that apply to your case and guide you through each step. We are here to protect your rights, so contact us today for a free consultation.