Filing a Lawsuit? The Clock is Ticking

Thinking about filing a lawsuit? Don’t think about it too long. You only have a certain amount of time before the “statute of limitations” runs out and your right to recover damages is gone.

How much time do you have? Unfortunately, there’s no all-purpose answer. It depends on the type of case and the state where you’re filing a claim. For example, in some states, a personal injury suit can be filed within one year, while in other states, a claimant might have four years or more. There may be different deadlines for suits arising from written contracts, oral contracts, employment disputes and other actions.

The statute of limitations is the legal time period by which a lawsuit must begin. If one is not filed during that period, it is generally barred forever.

The time period during which a lawsuit must be filed usually begins with the “date of harm.” For example, if you suffer injuries after a neighbor’s dog bites you, the clock would start running from the date the attack occurred. But if you suffer injuries as a result of medical malpractice, the time would generally begin on the date you discovered the malpractice.

As you might expect, there are many exceptions to the general statute of limitation laws and in some cases, the limits can be extended or “tolled.”

Best advice: To ensure you don’t lose the right to file a lawsuit or recover damages, contact your attorney as soon as possible. Even if you have a valid claim, it may be denied if the statute of limitations expires.

In addition to meeting any statuatory deadlines, there’s another good reason for acting promptly. It can help you win a case because it’s easier to locate witnesses, evidence and records.