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The Statute of Limitations

May 31, 2016 by Jonathan Stein

 

The what of what? I typically hear people call it the statue of limitations. However, folks, it is not a statue. It is a statute, or a law. The statute of limitations tells you how long you have to sue someone for something. We don’t want people to do something today and then be sued in 20 years. Witnesses forget things, evidence is destroyed, people move on with their lives. So we have this handy dandy law that limits how long you have to sue someone. Here is a shortcut. This does not provide every statute of limitations and you should talk to an attorney about YOUR specific facts. Do not rely on this as telling you what your statute of limitations is! 

 

  • Medical malpractice actions: Three years from the date of injury or one year from the date of discovery of the injury, whichever occurs first.
  • Suits for libel or slander: One year.
  • Personal injury claims based on negligence: Two years.
  • Suits for injuries resulting from domestic violence: Three years from the last act of domestic violence.
  • Childhood sexual abuse: Eight years from the victim’s 18th birthday or three years after the victim realizes that physical or psychological injury has resulted from childhood sexual abuse, no matter what the victim’s age.
  • Property Damage: There is a three year time limit to file a lawsuit for property damage, from the date that the damage occurred.
  • Government Agency Claims: The claim filed against the government agency has a time limit of six months from the date of the incident.

The point of this is a simple reminder: do NOT wait to talk to an attorney if you have been injured. You could miss a deadline. For example, if you get in a car crash and you don’t realize the other driver was working for the State or County, you could miss the six month government tort claim statute. 

If you have any questions about a specific statute of limitations, talk to an attorney! 

Categories: Auto Insurance, Business Insurance, Claims, Consumer Issues, Current Affairs, Hiring an attorney, Insurance Operations, Law, Personal Injury Tags: car accident, car crash, car rental, cell phone, collision, contingency fee, drive and text, extra insurance, fair market value, government tort claim, insurance company, insurance coverage, insurance privacy, loss of use, Minimum Impact, Minimum Impact Soft Tissue, MIST, motor vehicle accident, motor vehicle crash, MVA, MVC, policy limits, privacy, property damage, rental, rental car, rental coverage, rental reimbursement, repairs, statute of limitations, text and drive, total loss, UMBI, UMPD, uninsured motorist, uninsured motorist bodily injury, uninsured motorist property damage

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