Statute of Limitations

This video discusses the statute of limitations.

The statute of limitations is basically a legal term for a deadline. The statute sets a deadline for the plaintiff to file suit against the defendant.

After sustaining an injury the plaintiff must file suit against the defendant before the statute of limitations runs. If the plaintiff fails to do so the defendant can raise the statute of limitations as an affirmative defense.

Normally the plaintiff will file an answer to the plaintiff’s complaint along with a motion for summary judgement.

The judge does not have any discretion to allow the plaintiff to continue with the suit if the statute of limitations has ended. This is why it is extremely important to know when the statute of limitations has begun for your personal injury case.

Normally the statute of limitations begins when the injury occurred.

For example, if you were involved in a car accident your statute of limitations would begin on the day that the accident happened.

In medical malpractice cases the “discovery rule” determines when the statute of limitations begins. The discovery rule holds that the statute of limitations begins when the plaintiff learns of the injury they suffered.

For example, if a doctor left a sponge in the plaintiff during a surgery in 2012, but the plaintiff did not discover this negligence until 2015, the statute of limitations does not begin until 2015 even though the negligence occurred in 2012.

If you have been involved in a car accident you need to ensure that you file suit against the responsible party within the statute of limitations.

The lawyers at Hutchison & Stoy have extensive knowledge of personal injury law.

We offer free case evaluations to individuals who are attempting to determine what their legal rights are. During this evaluation, one of our experienced personal injury attorneys can explain what you need to do in order to file your claim within the statute of limitations.