Ding-dong, the witch is dead! Not quite, but this bell could spell disaster for your legal case. A statute of limitations (SOL) is a law that sets a time limit within which a person must file a lawsuit or legal claim. After this period expires, the legal claim is generally barred, meaning the right to sue or seek legal remedies is lost. Whoa, that seems unfair! Well, this rule is intended for a multitude of reasons. The main purpose of the statute of limitations is to ensure fairness by requiring claims to be brought in a timely manner when evidence is more likely to be available and reliable. It generates better efficiency and efficacy of the courts, while allowing potential adverse parties knowledge and protection from permanent uncertainty of impending lawsuits.
The time limits set by a statute of limitations vary depending on the type of legal matter and jurisdiction. For workers’ compensation and personal injury claims in Indiana, the time is two years from the date of injury. Contract dispute SOLs tend to be longer, ranging from 2-10 years, depending on your jurisdiction and type of issue. Criminal cases have limits based on the code or regulation of the jurisdiction, and some serious crimes never have a statute of limitations. In Florida, personal injury claims have varying limitations depending on type, from two to four years.
Once the statute of limitations expires, the defending party can use it as a defense to prevent the case proceeding in court. The SOL are applied strictly, and there is not a way to take it back. It’s key to be aware of the specific limits that apply to your case or situation. In certain situations, the statute of limitations may be “tolled,” or paused. For example, if the injured person is a minor or if the defendant is absent from the state, the clock might not run during that time. Consulting with a lawyer is always a good idea to ensure you’re within the limits and fully understand any exceptions that may apply to your case.
Have a concern about an SOL? Need more details about how the time limits work? Finderson Law LLC offers free consultations to discuss your case. Give our firm a call at (260) 420-8600, use the chat box on our website, or text us using the website link! We are always here to help bring our clients comfort, hope, and ease regarding the complications of the law. As Attorney Roger Finderson is now licensed in Florida, we are happy to help Floridians alongside Hoosiers. Finderson Law is also excited to announce that Delaney Finderson has joined the firm as an associate attorney licensed in Indiana!
744 E Till Rd, Suite 102
