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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