Learn More About Statute of Limitations
A Statute of Limitations is the time in which a civil lawsuit or criminal
proceedings can be filed against another party.
In civil actions, the
statute of limitations will vary depending upon several factors, including
whether the lawsuit will be filed in state court or federal court. Statutes of
limitation vary depending upon what state the case will be filed in, the type of
case, and other issues.
Once the cause of action is determined, the date
of the injury must be fixed. A cause of action ordinarily arises when the party
has a right to apply to the proper court for relief. A plaintiff can prevent the
dismissal of their action for being by seeking to “toll” the statute. When the
statute is tolled, the running of the time period is suspended until some event
specified by law takes place.
There may be a number of factors which will
affect the tolling of a statute of limitations. In many cases, the discovery of
the harm (as in a medical malpractice claim where the doctor's alleged mistake
is not immediately apparent) starts the statute running. Tolling provisions
benefit a plaintiff by extending the time within which they are permitted to
bring suit.
Weitz & Luxenberg's attorneys have decades of experience
defending victims' rights in asbestos, accident, injury, drug &
medical device, medical
malpractice, and pollutant
lawsuits.
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