Like stale milk, lawsuits have expiration dates before they must be thrown out. Failure to file by the expiration date would mean forfeiting the right to have the case heard on the facts. That expiration date is known as the “statute of limitations.”
What are the Statutes of Limitations?
A statute of limitations is the deadline for starting legal proceedings in civil and criminal cases. These legal limits vary by claim and jurisdiction. Statutes of limitations are necessary to preserve evidence and witness reliability. If too much time passes, it is possible that a witness may not recall the event or may even pass away before he or she can give testimony. While some serious crimes and lawsuits have no limitations, most demand urgent attention to avoid forfeiting legal recourse.
For instance, California has a two-year statute of limitations from the date of injury to file a lawsuit for negligence. If an individual is injured in a car accident on New Year’s 2026, he or she would have until New Year’s 2028 to file a lawsuit. There are potential exceptions to such deadlines, but it is generally better to file a timely lawsuit than to gamble on an exception.
Are There Any Exceptions to the Statutes of Limitations?
Although the statute of limitations is often a hard rule, many states will make exceptions under certain circumstances. Different states may have different exceptions, but the most common ones are:
Delayed Discovery – The clock on the statute of limitations doesn’t start ticking until a plaintiff discovers their injury and was caused by another. This exception is often applicable in medical malpractice cases where a patient may not realize they are injured until some time after a surgery or other procedure.
Minor Age – The statute of limitations for minors does not start in some states until they reach the age of majority, typically eighteen years old.
Fraud or Concealment – If a potential defendant conceals the truth, the statute of limitations does not begin until the claimant realizes they have been injured despite the fraud of the defendant.
Statutory Exception – Some states may specifically create a window for claimants to file a lawsuit even if the deadline had already passed. For instance, California created an exception to the statute of limitations for sex abuse victims from the 1970s to bring lawsuits in the early 2020s.
What Happens If Someone Files a Lawsuit Despite the Deadline Having Closed?
If a lawsuit is filed after the statute of limitations has expired, the defendant can ask the court to dismiss the case based on the lapsed deadline. The defendant can do so at any time prior to trial and can make the request as early as 30 days after being served with the lawsuit. If the statute of limitations has indeed expired, the burden would be on the plaintiff to prove that an exception exists. Otherwise, the court will dismiss the case.
Do I Need the Help of a Personal Injury Attorney?
If you have sustained a personal injury through the unlawful act of another, you should contact a personal injury attorney. A skilled personal injury lawyer can review the facts of your case, go over your rights and options, and represent you in court.
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