Statutes of
Limitations

There are requirements for giving timely notice of your claim that require you to file suit within a certain time limit. These limits vary greatly state by state and by type of matter. If you don't give timely notice you forever lose your ability to obtain recovery.

WARNING: IF A STATE OR COUNTY OR MUNICIPALITY MAY BE LIABLE (such as when a transportation facility operated by governmental unit is responsible for the injury) THERE OFTEN ARE VERY SHORT TIME LIMITS TO GIVE NOTICE OF A CLAIM.

NEVER JUST LOOK AT THE STATUTE OF LIMITATIONS AND CONCLUDE "THE TIME HAS EXPIRED, IT'S TOO LATE". There are many things that sometimes extend the time limits, including a party's lack of knowledge of the facts and circumstances, lack of manifestation of the injury, false statements or fraud, or mental incapacity or infancy.

How long can you wait?
That depends. Some actions require prompt initiation of a lawsuit, while other matters can be given more time. Statutes of limitation exist in both the federal and state law system. If you file a lawsuit beyond the applicable statute of limitation, the defendant can claim that you have been "sleeping" on your rights for so long that recovery should be barred.

Just because there is a long period of time before a lawsuit must be filed does not mean that the period must be almost expired before filing. While other methods of dispute resolution can be used before filing, it is important not to allow a statute of limitation to expire, and thereby defeat any potential chance for recovery. Determine the date of the applicable statute of limitation well in advance.

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