Don’t Wait Too Long To File Your Lawsuit
One major obstacle to a successful lawsuit may be the statute of limitations. If you miss it, you may be forever barred from bringing your claim. A statute of limitations is a statutory time limit in which a lawsuit must be filed. Statutes of limitations can be a complete defense to an otherwise meritorious claim.
Statutes of limitations vary depending on the claim. For instance, a claim based on a contract is six years. That means that you must file suit for a breach of a written or oral agreement within six years of a breach of that agreement, or you may be precluded from bringing the claim at all. Claims for personal injuries, including those arising out of car accidents or slip and falls must be brought within three years of the date of the accident. Claims for property damage or destruction must be brought within three years of the damage. A claim for collection of rent must be brought within six years. Even some crimes may have a statute of limitations within which the charges must be brought.
Although there are varying rules and arguments about when exactly a claim accrues to start the time for bringing it – which makes for a great deal of litigation in our courts – it is always good advice to consult a lawyer as soon as possible if you believe you have a meritorious claim. Do not wait while your right to bring a lawsuit expires.
This is not intended to be legal advice. You should contact an attorney for advice regarding yor specific situation.
Kara J. Cavallo is senior counsel on our Litigation Team. She can be reached by calling 845-778-2121 toll free or 845-778-2121 and by email.