statute of limitations


Also found in: Dictionary, Thesaurus, Medical, Legal, Acronyms, Encyclopedia, Wikipedia.

statute of limitations

State and federal laws that place a time limit on the ability to make certain claims in a lawsuit.The various statutes are usually fairly clear and might provide 6 years for breach of contract, 2 years for negligence, and 10 years for rights to real property.The part that causes all the litigation is the question of “when does the time period start to run?”As a general rule of thumb, the clock starts ticking when there has been a harm that would give rise to the ability to sue. If a stairway is erected improperly in year 1,but there is no way to know this until it collapses in year 5, then the statute of limitations begins to run in year 5.

References in periodicals archive ?
The state argued that any criminal pleading that establishes jurisdiction in the district court should toll the two-year statute of limitations, and that the state was not barred from prosecuting the DWI.
"But because the plaintiff missed the statute of limitations the most they would win at trial is a few dollars."
In matters involving questions with respect to no-fault claims against insurance companies liable for no-fault benefits due to the issuance of an insurance policy, the Appellate Division has applied a six-year statute of limitations. This dispute, however, arises from an instance in which the party responsible for the payment of no-fault benefits is self-insured and, as noted, the law is unsettled regarding what statute of limitations applies to no-fault benefit claims involving such entities.
(i) The minority or previously adjudicated incapacity of the person entitled to sue during any period of time in which a parent, guardian, or guardian ad litem does not exist, has an interest adverse to the minor or incapacitated person, or is adjudicated to be incapacitated to sue; except with respect to the statute of limitations for a claim for medical malpractice as provided in [section]95.11.
(30) The court examined the facts necessary to trigger a discovery date that would allow the statute of limitations to extend past the two years from the date of malpractice.
Brown and our elected officials to act now to abolish the statute of limitations for sexual assault.
The statute of limitations for a number of people killed in 1993, including President Euzal, journalist Uy-ur Mumcu, Gen.
He overturned his conviction in 2010, after his case was also deemed to have over-run the statute of limitations.
The USPAP requirement that appraisers "retain the work file for a period of at least five years after preparation or at least two years after final disposition of any judicial proceeding in which the appraiser provided testimony related to the assignment, whichever period expires last," has no bearing on the statute of limitations for appraisal claims.
The court declined to reset the statute of limitations for each purchase of a mortgage loan simply because the purchaser's damages may be delayed until some point in the future.
COURT'S OPINION: The Supreme Court of California, in response to the request by the United States Court of Appeals for the Ninth Circuit for the status of the law in California, concluded that when a later-discovered latent disease is separate and distinct from an earlier-discovered disease, the earlier disease does no trigger the statute of limitations for a lawsuit based on the later disease.
One day before the statute of limitations expired on a personal injury claim arising out of a motor vehicle accident, Chris Murray filed suit.