> Too Late, You Lose
Too Late, You Lose
Don't let too much time slip by if you're thinking of filing a lawsuit. The longer you wait, the greater the risk that your suit will be barred by a statute of limitations.
Statues of limitations set different time limits for filing different kinds of lawsuits. For example, actions to enforce a written contract might be governed by a four year statute of limitations, while petitions to challenge a will after admission to probate might be limited to 120 days.
If you file your lawsuits after this time limit has passed, your case will be over before it has begun. The court will dismiss it regardless of what the outcome would have been if you had sued in time.
Time limits also vary from state to state, so that a lawsuit that would be timely in one state might be time-barred in another. For example, with some significant exceptions, Minnesota gives you six years to file a personal injury lawsuit based upon allegations of negligence, while Illinois generally only gives you two years, though there are exceptions depending on who is being sued. North Carolina allows three (3) years to file a personal injury lawsuit.
States also disagree on when the limitations clock should start ticking. Depending on the type of lawsuit and the law in your state, the time period might begin to run either from the moment you were wronged or from the moment you discover you were wronged.
So, if you think you have a legal case, talk to your lawyer right away. In addition to advising you about the relevant statute of limitations, your lawyer will help you determine whether you actually have suffered a legal wrong and whether that wrong is likely to have a legal remedy.
The information on this site is made available to provide you with an informative summary of current legal issues.
This information is of a general nature and should not be acted upon or applied to your specific situation without consulting your attorney.