Understanding what the statute of limitations (SOL) is can be the key determinant between retaining your legal rights to pursue a lawsuit or being, as they say, “SOL” – Sh*t Out of Luck. The statute of limitations operates like a ticking clock, counting down the time you have to initiate a lawsuit. If you fail to file a lawsuit within this stipulated time frame, you may be permanently barred from seeking legal redress.
If you think you may have missed the statute of limitations on a lawsuit, this comprehensive guide explains how to determine if you’ve missed the SOL and the amount of time you have to initiate a lawsuit. Knowledge is power, and in this case, ignorance of the statute of limitations could potentially render you powerless in the face of injustice.
What Is a Statute of Limitations and How Does It Work?
In its simplest definition, a statute of limitations is a law that sets a strict time limit on your right to bring a lawsuit in the state’s civil court system after suffering some type of harm. This countdown typically begins the day the incident or injury takes place. The rationale behind the SOL is twofold: It encourages individuals to pursue their lawsuits in a timely manner, and it protects potential defendants from living under a perpetual threat of litigation.
The length of the SOL varies depending on the nature of the case and the jurisdiction where the lawsuit is filed. For instance, personal injury cases might have a different limitation period compared to contract disputes or property damage cases. Furthermore, some jurisdictions might have a “discovery rule,” which means the SOL countdown begins when the plaintiff discovers or reasonably should have discovered the harm, rather than when the harm actually occurred.
It’s crucial to note, however, that there are exceptions to these rules. In some circumstances, the countdown clock can be paused or “tolled,” allowing more time to file a lawsuit. This could be the case if the defendant leaves the state after causing harm but before a lawsuit could be filed, or if the plaintiff is a minor or mentally incapacitated.
How Can You Determine whether You’ve Missed the SOL?
The most important thing to remember when determining whether you’ve missed the SOL is that each state has its own laws and requirements. That being said, there are some general guidelines you can follow when trying to determine whether or not you have missed the SOL.
- Identify the Nature of Your Case: As mentioned, the SOL varies based on the type of lawsuit. Determine whether your case is a personal injury claim, a breach of contract dispute, a property damage case, etc.
- Check Your State’s SOL Laws: Each state has different SOL laws. Refer to your state’s legislation or consult with a legal professional to find the SOL for your particular type of case.
- Determine the Starting Point for the SOL: Identify when the SOL countdown began for your situation. When did you become aware you were harmed or were left vulnerable to potential harm from the incident? Were you aware at the time of the incident or from the time you discovered the harm? Answers to these questions will determine the start date.
- Consider Any Exceptions: Keep in mind there may be exceptions that could pause or extend the SOL in your case, such as if the defendant left the state or if you were a minor at the time of the incident.
How to Preserve Your Legal Rights
Preserving your legal rights can be as easy as filing a complaint or initiating a lawsuit within the SOL window. However, it’s important to remember that there are exceptions and special circumstances that may apply in certain cases. Consulting with an experienced attorney is often the best way to ensure you are taking all necessary steps to protect your legal rights.
An attorney can also provide advice on how to move forward if you believe the SOL has already expired for your case. In some instances, it may be possible to file a motion in court seeking an extension of the SOL or even have it waived altogether. These options are highly complex and require expert legal counsel; however, they could potentially give you another opportunity to pursue justice.
Seek Legal Counsel
Understanding the complexity of the statute of limitations and how it operates is essential for anyone contemplating legal action. A failure to file within the prescribed timeframe could mean you lose your right to legal recourse. Therefore, it’s advisable to consult with a legal professional to ensure you fully understand your legal rights and deadlines and avoid finding yourself “SOL.”
At Join Class Actions and Siri & Glimstad LLP, our goal is to empower individuals through access to justice. We provide a wide range of legal services, from individual cases to class actions, while striving to fight for the rights of individuals. If you have any questions, reach out to Class Action Jen, Jen Malainy, at 440-381-0338, by text message or call. You can also write her at classactionjen@sirillp.com.