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Statute of Limitations for Lawsuits

Written by: Avvo Staff

Lawsuits

Posted over 3 years ago. 5 helpful votes, 0 comments

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A statute of limitations establishes the time period in which a legal action can be taken. The actual time period can vary depending on the situation, and certain actions are not subject to a statute of limitations, which means legal action can be taken at any time.

Why have a statute of limitations?

At their simplest, statutes of limitation exist out of a sense of fairness. Over time it's easy to forget or misinterpret the specifics of an event. Evidence that may have been central to a case can be lost or compromised. Finally, it would be too much of a drain on the courts and on citizens if lawsuits for things that happened 15 or 20 years ago were constantly being introduced in court, especially since the facts of such long-past events can be incredibly difficult to confirm.

Time limits for lawsuits

There is no single answer to the question of how much time you have to file a lawsuit. Most states have different statutes of limitation, and those can vary depending on the claim.

Speed is the key. Most states will give you at least 1 year to file a lawsuit. That period of 1 year, however, can also vary depending on the claim. For some claims, the 1-year period starts from the "date of harm," which refers to the date that you or your property was harmed or damaged.

For others claims, the 1-year window starts on the date that you discover you were being harmed. Sometimes the statute of limitations period can start on the date when the court decides that you should have known you were being harmed.