Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
Statute of Limitations Overview
If you are exploring your legal options, you will hear references to a “statute of limitations.” In essence, a statute of limitations is simply a deadline, written into law, for those who were affected by a crime, breach of contract, negligent behavior, or other action that gives them a right to file a lawsuit against the offending parties.
According to the law dictionary available through Cornell Law School, statutes of limitations are any laws that bar legal claims after a certain amount of time has passed since the “injury.” The injury refers to the incident or action that caused some kind of damage, whether physical, mental, financial, or other pain and suffering.
The deadline, or statute of limitations, varies widely depending on the legal matter and the jurisdiction. In the U.S., jurisdiction usually refers to which state’s law will apply, or whether federal law does or doesn’t apply.
Statutes of limitations are thought to be important to motivate those affected by an incident or crime to take legal action as soon as possible. The benefits of taking legal action earlier, rather than later, are that those involved in the incidents may remember more and evidence is easier to find. According to Investopedia, waiting to bring legal action can make the proceedings unfair to those involved in the case.
It is important to be aware of the statute of limitations that may apply to your case because if the statute of limitations passes, you will no longer be able to file a lawsuit.
When do Statutes of Limitations Apply?
A statute of limitations applies to most civil and some criminal cases. Some are written into law and others are based in common law.
The length of time given to someone who wants to file a lawsuit depends on the statutes of limitations that applies to the particular offense. Though it varies, the time period given by the statute of limitation that applies usually depends on the severity of the crime or other offense. For example, that statute of limitations that applies to petty theft will be shorter than the statute that applies to grand larceny.
Some serious crimes, like murder, have no applicable statute of limitations. Victims of crimes not subject to a statute of limitations always have the option to begin legal action or charge the alleged offender with the crime.
Civil actions, like personal injury, contract disputes, and small claims, generally have an applicable statute of limitations. Those contemplating a civil action should be aware of the deadline to file their claim against the alleged offender. If the deadline provided by the statute of limitations passes, then the claim will be dismissed by the court.
How do Statutes of Limitations Work?
Generally, the statute of limitations begins to run as soon as the injured party becomes aware of their injury. In other words, as soon as you are aware that you have suffered damages, the deadline to file your lawsuit has started.
In some cases, it is simple to figure out when the injury occurred. For example, if someone suffers a personal injury from a defective product, like an exploding blender, then the statute of limitations has started.
Other instances are not as clear. For example, those affected by pharmaceutical drug side effects may not have been aware that their health issues were caused by their medication. Complicating matters, the drug manufacturer may have become aware of the link and issued a warning a few years after bringing the drug to market. In these cases, it is important to seek experienced legal help to ensure the statute of limitations doesn’t pass before you file your lawsuit.
In addition, the statute of limitations may be “tolled” or paused depending on the applicable law or circumstances of the case. To toll the statute of limitations means to stop the running of the deadline under the applicable statute of limitations.
For example, if severe drug side effects do not manifest themselves until many years after exposure, the applicable statute of limitations may be tolled until patients begin reporting their injuries and the connection is made to the medication.
Historically, tolling has been a frequent issue in mesothelioma cases. Because mesothelioma is usually not discovered until several decades after the exposure that caused it, some patients’ legal claims could be barred by the applicable statute of limitations. An attorney can help those patients argue that the statute of limitations should be tolled.
Tolling also comes up in cases of child sexual abuse. Many states, like New Jersey and California, have recently reformed their statutes of limitation to account for the obstacles that often prevent a survivor of abuse from seeking a legal remedy until many years or sometimes decades after the abuse.
How Can a Lawyer Help?
An experienced attorney can help you determine the statute of limitations that applies to your claim. As noted above, a statute of limitations applies to most legal actions and, if the deadline given in the law passes, you may be unable to bring a lawsuit and obtain relief for the damages you suffered. An attorney can help make sure you begin your lawsuit before the limitations period expires. Or, if it appears the limitations period has already expired, an attorney may be able to argue that the period should be tolled long enough to restore your right to sue.
