a law which sets the maximum period which one can wait before filing a lawsuit,
depending on the type of case or claim. The periods vary by state. Federal statutes
set the limitations for suits filed in federal courts. If the lawsuit or claim is
not filed before the statutory deadline, the right to sue or make a claim is forever
dead (barred). The types of cases and statute of limitations periods are broken
down among personal injury from negligence or intentional wrongdoing, property damage
from negligence or intentional wrongdoing, breach of an oral contract, breach of
a written contract, professional malpractice, libel, slander, fraud, trespass, a
claim against a governmental entity (usually a short time), and some other variations.
In some instances a statute of limitations can be extended ("tolled") based on delay
in discovery of the injury or on reasonable reliance on a trusted person (a fiduciary
or confidential adviser who has hidden his/her own misuse of someone else's funds
or failure to pay). A minor's right to bring an action for injuries due to negligence
is tolled until the minor turns 18 (except for a claim against a governmental agency).
There are also statutes of limitations on bringing criminal charges, but homicide
generally has no time limitation on prosecution. The limitations (depending on the
state) generally range from 1 to 6 years except for in Rhode Island, which uses
10 years for several causes of action. Louisiana has the strictest limitations,
cutting off lawsuit rights at one year for almost all types of cases except contracts.
California also has short periods, usually one year, with two years for most property
damage and oral contracts and four years for written contracts. There are also statutes
of limitations on the right to enforce a judgment, ranging from five to 25 years,
depending on the state. Some states have special requirements before a lawsuit can
be filed, such as a written warning to a physician in a claim of malpractice, making
a demand upon a state agency and then waiting for the claim to be denied or ignored
for a particular period, first demanding a retraction before filing a libel suit,
and other variations. Vermont protects its ski resorts by allowing only one year
for filing a lawsuit for injuries suffered in a skiing accident as an exception
to that state's three-year statute of limitations for other personal injuries.
law dictionary, legal
dictionary, online law dictionary, legal terms dictionary,
online legal dictionary, legal definition, legal
terms and definition, Best online Dictionary, Law
Dictionary Software, Download Law Dictionary, law
dictionary, legal dictionary, online law dictionary,
legal terms dictionary, online legal dictionary,
legal definition, legal terms and definition, Best
online Dictionary, Law Dictionary Software, Download
Law Dictionary
