An Overview Of Statutes Of Limitations
We often come across the term statute of limitations in many legal circles. However, most of us have a very minimal idea about the legal jargon and do not understand what the term means. If you have been injured due to a person’s negligence and wish to file a lawsuit to recover the damages caused to you, then you need to be aware of the statute of limitations at both state and federal levels. This blog tries to provide an overview of this frequently used legal term in a simplified manner.
What Does It Mean?
The statute of limitations is a law that states the amount of time after an offense that the conflicting parties have to start the litigation process. Suppose you have been a victim of personal injury Springville. In that case, you should consult an experienced attorney and clearly understand the statute of limitations in your place of residence.
The Purpose of Specifying Statutes of Limitations:
The statute of limitations has been formulated to deal with lawsuits promptly. The primary purpose of this law is to avoid unnecessary delay.
Preservation of Evidences Related to the Litigation
With time memories of individuals tend to fade and become less reliable. After the passage of a few months, eyewitnesses tend to forget and confuse facts that happened on the day of the accident.
This problem leads to conflicting testimonies and incorrect descriptions of the incident that had taken place. In unfortunate cases, the person holding information related to the issue might pass away.
Prevention of Malicious Lawsuits
People with wrong intentions might often file long-drawn lawsuits based on style claims to harass the opposing party. The statute of limitations prevents search misuse of the law.
Does Statute of Limitations Hold Good in Case of Criminal Offences?
Most criminal cases have a statute of limitations. However, in case of severe crimes such as murder, the law specifies the maximum period for filing a lawsuit. Some states have also removed such limitations on Hina‘s crimes involving juveniles, arson, kidnapping, or other violent crimes.
Moreover, international law states that there shall be no statute of limitations for crimes against humanity, genocide, war crimes, etc. This has been explicitly stated in article 29 of the Rome statute.
When Does the Period Stated in The Statute of Limitations Start Applying?
The period for initiating a legal battle starts from the date of the crimes committed. Yet if the designated time expires before the legal proceedings have been undertaken, your claim shall be rejected. Therefore if you have made up your mind to seek legal help in case of any damages caused, then make no delay and consult a lawyer and initiate court proceedings.
Can The Time Mentioned in The Statute Of Limitations Be Increased?
While most states do not allow for an extension in the time for filing a lawsuit, the clock for the same can be paused in certain exceptional circumstances.
Injury Caused to Minors
An aggrieved Minor can file a lawsuit after they reach 18 years of age. The statute of limitations starts supplying to him only after he is an adult.
The Discovery Rule
Yeah, this rule states that the clock for the statute of limitations does not start taking until an injured party discovers an injury. In this case, the clock starts running from the date of discovery of the damage, not the incident’s date of occurrence. This rule is very effective in cases of medical negligence.
If a victim cannot bring forth an injury caused to him due to a disability, then the statute of limitations may be suspended.
Whether you are an aggrieved party, a legal enthusiast, or simply a citizen who wishes to know about his rights, having a brief idea about the Statutes of Limitations shall help you in the long run.