What is Statute of Limitations?
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
Understanding Statute of Limitations
Statutes of limitations vary by state and by type of claim. For personal injury cases, the period typically ranges from one to six years. Some exceptions may apply, such as the discovery rule for cases where the injury was not immediately apparent.
Examples
- 1Two-year deadline to file a car accident lawsuit in many states
- 2Medical malpractice discovery rule extending the deadline
- 3Tolling of the statute for minors until they reach adulthood
Related Terms
Settlement
An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.
Discovery
The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various methods including interrogatories, depositions, and requests for documents.
Deposition
Sworn, out-of-court testimony given by a witness or party that is recorded for later use in court proceedings. Depositions are a key part of the discovery process.
Demand Letter
A formal letter sent to an insurance company or opposing party outlining the facts of the case, injuries sustained, and the amount of compensation being sought.
Motion
A formal request made to a court asking the judge to make a specific ruling or order on a particular issue in a case.
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