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Does a Statute of Limitations Affect Your Personal Injury Case?

A statute of limitations is a length of time beginning when an injury has happened or a crime has been committed. This law is typically used to describe a time limitation for taking action in a court of law to rectify a grievance. The statute of limitations law was created mainly for the purpose of getting the action into a court of law while memories were fresh and documents pertaining to the case were easily located. It also keeps any potential defendant from going to trial at a much later date than necessary and avoiding undue stress on the plaintiff. In a very basic statement: if the case wasn’t enough to go to court over when it happened, and you have had plenty of time to prepare a case, then there is no reason to do it x-amount of years later.

Every situation has a different statute of limitations, which is enacted by each state on its own. Perhaps an injury from work happened five years ago. The possibility exists that even though California law allows that to be within their statute of limitations, perhaps New York law does not and their statute of limitations ends at two years for the same case.

The statute of limitations can be halted or postponed depending on the case. A case involving a minor could be tried after the minor becomes an adult as long as the statute of limitations resets when the minor becomes an adult. Also, disability can cause a temporary hold on the length of time as can mental incompetence.

The Discovery Rule can also play an important factor in the statute of limitations. This rule is generally employed upon the discovery of an injury, such as money that has been embezzled and is finally noted far past what the normal statue of limitation; this is due to the fact that the accounting processes were delayed or non-existent for several years.

It is difficult to bring a lawsuit after the statute of limitations has expired. The best thing to do is find out what your state says about your case before deciding whether or not to pursue legal action.

Source: http://easycontentpro.com

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"Does a Statute of Limitations Affect Your Personal Injury Case?"
written by Daniel Beasley

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