What Is
a Statute of Limitations and What Factors May Influence the Time Limit?
A statute of limitations is simply a time limit to file a
claim in court. The law says that if you don’t bring your case within the
designated period of time, your rights are forever barred. These rules are
strict, and there are almost no exceptions. However, there are some things that
can change how long you have to bring a case.
Child
Victims
For instance, when a child is injured, the statute of
limitations may temporarily toll until the age of majority. Of course, this
doesn’t mean you should procrastinate when a child is injured. After all, there
may be related claims that do not tolls, such as the claims of parents or other
caregivers and relatives.
Victims
with Mental Disabilities
In limited situations, the statute of limitations may toll
for those who are injured but cannot appreciate the nature of their injuries,
such as those with mental disabilities or impairments. This is not an absolute
rule, though, so you should definitely speak with an attorney rather than
taking chances.
Government
Defendants
While there are some circumstances that can potentially
extend the time you have to bring a case, there are also things that can make
the statute of limitations shorter. The government enjoys sovereign immunity
from lawsuits, except where the government has specifically legislated the right to sue for damages. When
the defendant is a federal, state, or municipal entity, there can be very short
deadlines on providing notice to the government and present your claim.
Sometimes the deadlines can be as short as just six months.
Insurance
Policy Deadlines vs. Statutes of Limitations
One very important distinction that needs to be understood
is the difference between a legal statute of limitations and a contractual
deadline that may be included in an insurance policy. Insurance policies are
not laws. They are merely contracts between the insurance company and the
insured individual who pays the premiums.
Insurance contracts often include deadlines or limitations
of their own that can require people to bring their claims within a very short
period. For instance, consider three types of deadlines you may frequently see
in an insurance policy:
Notice
Period
When you are involved in a car accident, regardless of whose
fault it was, your own insurance company will probably have a contractual
provision that requires you to notify it that you were in a wreck. Some may
give you 30 to 45 days , while there have been some contracts that required
notification within as little as 48 hours. Make sure you know what your
insurance company requires.
Limits
on Uninsured Motorist Claims
If you are hit by someone who failed to carry car insurance,
then you may have to file a claim with your own insurance company under an
uninsured motorist policy. Although the law may give you three years to file
suit against the at-fault driver, your own insurance company may have a contract
that requires you to bring your uninsured motorist claim sooner.
Medical
Payment Claims Deadlines
Many drivers carry optional medical payments coverage, which
is designed to assist with the out-of-pocket costs of medical bills associated
with a collision. Your insurance company may require that these expenses be
incurred within a reasonable timeframe after an accident, and it may have an
outer limit on how long you can wait to file a claim for payment of medical
bills.
Why
Does the Law Limit Your Right to Bring a Lawsuit?
The law attempts to strike a healthy balance between giving
injured parties time to investigate and bring their claims and protecting
potential defendants from complete uncertainty. It would be unfair to allow
people to spend decades wondering whether they will be sued. It would be
challenging for businesses to make decisions, and investing in growth would be
limited.
Therefore, the law must draw a line somewhere.
You
Should Not Wait to Get Help
The main point to remember , is that insurance contracts can
impose limits that are quite different from the legal statute of limitations in
your case. Likewise, even if you are pretty sure you know how much time you
have to bring a lawsuit, there can be unique and special facts about your specific
case that could extend or even shorten the time you have to bring both your
insurance claims and a lawsuit. This is why you shouldn’t put off filing a
claim.
If time is running short, your attorney can also take swift
actions to preserve your rights before they are lost forever.
