Also, generally, with many exceptions, the statute of limitations is one to three years. If you think you’ve been seriously harmed in some way due to the acts, or failure to act, of another party, you should contact an attorney. The fact that you’ve formed this belief may be enough for that statute of limitations clock to start ticking.
Your belief may not need to be well grounded. You may not need a pile of medical journals on the topic or second or third opinions from specialists for the statute of limitations to start to run. It may be just a statement by your doctor or a news article you read stating something may or may not be the cause of your problems.
Generally the statute of limitation starts when you discover, or with reasonable care you should’ve discovered, that a party may be responsible for the harm you’ve suffered. If you’re the kind of person who doesn’t see a doctor unless it’s a dire emergency or you can’t be bothered with follow up appointments after surgery, this could be a problem.
If you’re a person going through life with medical blinders on and you find out eight years after you were harmed who may have caused it while the average, reasonable person would’ve seen a doctor 18 months after and learned of the possible cause, that may prevent your legal action from going forward. Judges don’t look kindly on someone not acting reasonably.
There are exceptions to the statute of limitations which may give you more time. One would be evidence that the defendant engaged in fraud to cover up it’s responsibility for the harm it’s done. But these exceptions can be difficult to prove and not anything you want to rely upon to keep your legal claim viable.
Another statute to be aware of, which also varies from state to state, is the statute of repose, which may or may not apply to your situation. It creates a deadline based on the passage of time or the occurrence of a certain event that doesn't cause you harm or give rise to a potential lawsuit. It may apply in a product liability and product defect case. Your legal claims may be barred if a certain amount of time has passed after sale of the product or the product's first use.
As you can see, your statute of limitations situation can’t be boiled down to a concrete answer in a blog. If you think someone else is responsible for your injury, contact an attorney. You need to know how much time you have to file a legal claim. You may have many months, a few days or your deadline may have already passed. Which is why you need to talk to an attorney about your situation.
Edward Lott, Ph.D., M.B.A.
President and Managing Partner
ForLawFirmsOnly Marketing, Inc.
Ed can be reached at (or visit his website)
edl@forlawfirmsonly.com
855-943-8736 ext. 101
www.ForLawFirmsOnly.com
Monday, September 16, 2019
Ignorance is Not Bliss: The Statute of Limitations Could End Your Legal Rights
There are few hard and fast rules when it comes to the law and legal rights. What may end one person’s lawsuit may not end another’s. The statute of limitations is a rule that provides a deadline by which a legal action can be filed. What that limitation may be is based on state laws and they’re not uniform. Depending on where you live you may have more or less time to file a lawsuit than if you lived in a neighboring state.
Also, generally, with many exceptions, the statute of limitations is one to three years. If you think you’ve been seriously harmed in some way due to the acts, or failure to act, of another party, you should contact an attorney. The fact that you’ve formed this belief may be enough for that statute of limitations clock to start ticking.
Your belief may not need to be well grounded. You may not need a pile of medical journals on the topic or second or third opinions from specialists for the statute of limitations to start to run. It may be just a statement by your doctor or a news article you read stating something may or may not be the cause of your problems.
Generally the statute of limitation starts when you discover, or with reasonable care you should’ve discovered, that a party may be responsible for the harm you’ve suffered. If you’re the kind of person who doesn’t see a doctor unless it’s a dire emergency or you can’t be bothered with follow up appointments after surgery, this could be a problem.
If you’re a person going through life with medical blinders on and you find out eight years after you were harmed who may have caused it while the average, reasonable person would’ve seen a doctor 18 months after and learned of the possible cause, that may prevent your legal action from going forward. Judges don’t look kindly on someone not acting reasonably.
There are exceptions to the statute of limitations which may give you more time. One would be evidence that the defendant engaged in fraud to cover up it’s responsibility for the harm it’s done. But these exceptions can be difficult to prove and not anything you want to rely upon to keep your legal claim viable.
Another statute to be aware of, which also varies from state to state, is the statute of repose, which may or may not apply to your situation. It creates a deadline based on the passage of time or the occurrence of a certain event that doesn't cause you harm or give rise to a potential lawsuit. It may apply in a product liability and product defect case. Your legal claims may be barred if a certain amount of time has passed after sale of the product or the product's first use.
As you can see, your statute of limitations situation can’t be boiled down to a concrete answer in a blog. If you think someone else is responsible for your injury, contact an attorney. You need to know how much time you have to file a legal claim. You may have many months, a few days or your deadline may have already passed. Which is why you need to talk to an attorney about your situation.
Edward Lott, Ph.D., M.B.A.
President and Managing Partner
ForLawFirmsOnly Marketing, Inc.
Ed can be reached at (or visit his website)
edl@forlawfirmsonly.com
855-943-8736 ext. 101
www.ForLawFirmsOnly.com
Also, generally, with many exceptions, the statute of limitations is one to three years. If you think you’ve been seriously harmed in some way due to the acts, or failure to act, of another party, you should contact an attorney. The fact that you’ve formed this belief may be enough for that statute of limitations clock to start ticking.
Your belief may not need to be well grounded. You may not need a pile of medical journals on the topic or second or third opinions from specialists for the statute of limitations to start to run. It may be just a statement by your doctor or a news article you read stating something may or may not be the cause of your problems.
Generally the statute of limitation starts when you discover, or with reasonable care you should’ve discovered, that a party may be responsible for the harm you’ve suffered. If you’re the kind of person who doesn’t see a doctor unless it’s a dire emergency or you can’t be bothered with follow up appointments after surgery, this could be a problem.
If you’re a person going through life with medical blinders on and you find out eight years after you were harmed who may have caused it while the average, reasonable person would’ve seen a doctor 18 months after and learned of the possible cause, that may prevent your legal action from going forward. Judges don’t look kindly on someone not acting reasonably.
There are exceptions to the statute of limitations which may give you more time. One would be evidence that the defendant engaged in fraud to cover up it’s responsibility for the harm it’s done. But these exceptions can be difficult to prove and not anything you want to rely upon to keep your legal claim viable.
Another statute to be aware of, which also varies from state to state, is the statute of repose, which may or may not apply to your situation. It creates a deadline based on the passage of time or the occurrence of a certain event that doesn't cause you harm or give rise to a potential lawsuit. It may apply in a product liability and product defect case. Your legal claims may be barred if a certain amount of time has passed after sale of the product or the product's first use.
As you can see, your statute of limitations situation can’t be boiled down to a concrete answer in a blog. If you think someone else is responsible for your injury, contact an attorney. You need to know how much time you have to file a legal claim. You may have many months, a few days or your deadline may have already passed. Which is why you need to talk to an attorney about your situation.
Edward Lott, Ph.D., M.B.A.
President and Managing Partner
ForLawFirmsOnly Marketing, Inc.
Ed can be reached at (or visit his website)
edl@forlawfirmsonly.com
855-943-8736 ext. 101
www.ForLawFirmsOnly.com
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