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The Statute of Limitations
The
statute of limitations is the time period that the law allows
for asserting a claim. If a claim is not brought within the
time period allowed by the statute of limitations, it will be
barred. This means that even if you have a clear cut case against
someone arising out of a personal injury, the court will dismiss
your claim if you do not file it within the time period allowed
by the statute of limitations. Once a claim is barred by the
statute of limitations, there is no chance of resurrecting it.
The idea behind imposing a statute of limitations for bringing
claims is to prevent stale or old claims from hanging over
the head of a business or person indefinitely. Also, as time
passes, evidence is harder to gather, witnesses disappear
or die and documents get destroyed. Thus, it would make the
defense of claims difficult if not impossible if a claim could
be brought for a personal injury which occurred 10 years ago.
Different states may refer to the statute of limitations
periods using different words. For instance, in Louisiana,
the statute of limitations is call the prescriptive period.
If a case is prescribed, it is beyond the statute of limitations.
Moreover, the statute of limitations to institute a claim
may be different for different types of personal injuries.
Many states have a statute of limitations period that is different
for auto claims that it is for medical malpractice claims.
Federal maritime claims may also be different from state personal
injury claims.
The statute of limitations differs from state to state and
from claim to claim. A claim for breach of contract is usually
afforded a longer statute of limitations than a claim for
personal injuries. Some states like Louisiana have very short
statute of limitations periods. In Louisiana, a person suffering
personal injury will have one year from the date of injury
to pursue a personal injury or wrongful death claim. If a
claim is not instituted within this time period, it is barred
by prescription.
In Texas, Alabama, and Georgia, automobile accident claims
must be brought within 2 years from the date of the accident.
Florida has a 4 year statute of limitations for automobile
claims. Mississippi has a 3 year statute of limitations as
does Maryland, Massachusetts, Michigan and North Carolina.
These time periods are changed every so often. You should
check with a lawyer in your state to determine the applicable
statute of limitations for your claim.
The law also recognizes that there are instances where a
person could not have brought a claim within the statute of
limitations because they were not aware that a claim existed
or some other legally recognized circumstance occurred. An
example of this might be where a sponge was left inside someone
by a physician during surgery and the patient does not discover
this fact until more than a two years later.
Accordingly, the law has created certain legal doctrines
that may be used to suspend or interrupt the running of the
applicable time limitations. These doctrines vary from jurisdiction
to jurisdiction. There are some exceptions to this general
rule and an attorney should be consulted to advise you on
the facts and circumstances of your particular situation.
Not knowing the specific time period in which to bring a
claim is not an excuse. For these reasons, it is important
to determine at the beginning of the review whether there
is a potential problem with prescription.
The Cochran Firm - Dallas, L.L.P.
Turtle Creek Centre, Suite 1400
3811 Turtle Creek Boulevard
Dallas, Texas
75219
phone:
214.651.4260
| fax: 214.651.4261
Edward H. Moore is Board Certified, Personal Injury Trial Law. Unless otherwise noted, not certified by the Texas Board of Legal Specialization.
The statements and information provided on this web site are for the information of the recipient only. This site is not intended to provide legal advice and no attorney-client relationship should be deemed to arise from the receipt this page and its associated pages. |
Copyright © 2003 The Cochran Firm - Dallas, L.L.P.,
All Rights Reserved.
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