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In this week’s article, I want to discuss the term “statute of limitations”.

In the Black’s Law Dictionary, the definition of statute of limitations is as follows:

“A statute prescribing limitations to the right of action on certain described causes on action; that is, declaring that no suit shall be maintained on such causes of action unless brought within a specified period after the right accrued.  Statutes of limitation are statutes of repose.”

In Layman’s terms, statute of limitations is the date by which a lawsuit must be filed. Otherwise, the lawsuit or cause of action is lost.

Let me give you an example of the statute of limitations:

Bubba is driving down the road on January 1^st. Bubba is involved in a wreck with another party, and the wreck is not Bubba’s fault. The statute of limitations provides that Bubba has one year from the date of the accident to file his lawsuit. I point out that filing the lawsuit does not mean to talk about it, write a letter about it, or complain about it. In order to avoid the statute of limitations, a lawsuit must be filed in the court.

I point out that there are different types of statutes of limitation. There is a statute of limitations for tort, one for property damage, one for worker’s compensation, etc. I strongly recommend that if you think you have a lawsuit call a lawyer if for no other reason than to ask about the statute of limitations.

The statute of limitations issue comes up on a regular basis. At times, people say they don’t know about the statute of limitations. I don’t really believe this. Sometimes people think all statutes of limitation are the same. Sometimes people get into trouble with the statute of limitations because they don’t want to call a lawyer, because lawyers are expensive and a tricky bunch. Whatever the reason, the statute of limitations is a big deal in the American system of justice.

I will see you next week. 

I would like to express my appreciation for the many kind comments I receive about my articles.

Graham Swafford is an attorney with the Law Firm of Swafford, Jenkins & Raines.

This article is intended for informational purposes only and should not be used in place of a consultation with an attorney. This article does not create an attorney-client relationship. If you have any questions, please contact an attorney.