What’s the deadline for filing a lawsuit? | Eric H. Luckman Law

If you want to file a lawsuit, understand that there is a statute of limitations. The court only gives you so much time to sue a person or entity. After the deadline has passed, you lose your right to pursue compensation.

Each state found in the United States has different statute of limitations laws. Some states may allow individuals one year to file a lawsuit while others may allow three years.

There are also certain deadlines that are established for different types of cases, such as:

  • Personal injury
  • Wrongful death
  • Breach of contract

What Triggers the Statute of Limitations?

The statute of limitations commences from the exact date the wrong or civil injury occurs. For instance, when a person suffers an injury as a side effect from a car accident, the statute of limitations commences from the exact date of the accident or collision that is being questioned.

However, there is a statute of limitations exception has to do with a specific situation where the initial suing party was not aware they had sustained an injury. For instance, say a mistake was made by a surgeon during a surgery. Often, a patient would not be aware of the issue or mistake that was made immediately. Once the person becomes aware of the issue at hand, that is when the statute of limitations commences.

A caveat does exist to this exception. If it is determine that a person should reasonably have known of an injury by a specific date, that is the date the statute of limitations exists. Even if the person is lacking knowledge of the issue or injury, this would still be the case.

Retaining Legal Counsel

The variety of governing laws associated with the statute of limitations, along with the lawsuit filing timeframe, underscores the necessity of retaining experienced, capable legal help. By ensuring you take a proactive position in seeking and hiring an attorney, like a personal injury lawyer can trust, you are automatically placing yourself in a great position to make sure that your case is filed in court and abides by legally mandated timelines.

If you would like to pursue a lawsuit, the first step is reaching out to meet with legal counsel and scheduling your initial consult appointment. In most cases, a personal injury lawyer will not charge a fee for your initial consultation when discussing a potential case. Because of this, you should look into seeking legal representation as soon as possible to ensure you are minimizing your risk of filing the lawsuit after the statute of limitations has already expired.