Friday, May 12, 2017

Understanding The Statute Of Limitations

The legal field is governed by strict deadlines. In order for your case to reach a successful outcome, you must work with your Lake of the Ozarks attorney to ensure that all details are attended to and that all paperwork is filed within the appropriate time constraints.

While the deadlines that punctuate the individual lifespan of a case are important, they are not the only ones that demand attention. There is one overarching deadline that must be met above all else - the one officially known as "the statute of limitations."

Quick Overview Of The Statute Of Limitations

The statute of limitations is a statute that dictates the time frame in which a legal claim may be pursued. It doesn't matter how convincing a claim may be - if the statute of limitation has expired and it is raised as a defense to a claim, the claim will be dismissed as being time barred.

4 Things To Know About The Statute Of Limitations

Here are a few general points about the statute of limitations it is important to be aware of:
  1. The time limit varies from case to case. The length of the statute of limitations depends on the branch of law (criminal law, personal injury, debt collections, etc) as well as the specific type of case (worker's compensation, car accident, etc).
  2. The time limit varies by state. Each state has its own rules regarding the statute of limitations. If you have moved to Missouri relatively recently, don't make the mistake of assuming that the time limit here will be the same as the state you lived in previously.
  3. It's not always obvious when the clock will start running. The "Discovery of Harm" rule dictates that the countdown on the statute of limitations will not begin until the damage is - or should have been - identified. A person’s damage is capable of being discovered when a reasonable person would have been put on notice that an injury or damage may have occurred and would have taken steps to discover the extent of the damage. For example, let's suppose that you are in a car accident. Immediately following the accident you assume you escaped without injury, but a couple of months later you discover that the recurrent neck pain you are now experiencing is a result of the whiplash you suffered during the accident. In this scenario, your statute of limitations would not begin counting down until you discovered (or should have discovered) the true cause of your neck pain.
  4. Some cases are exempt from the statute of limitations. While most types of cases are governed by their respective statutes of limitations, some types of crime - specifically, most types of felonies - are exempt. Someone accused of kidnapping, treason, fraud, or manslaughter, for example, may always be tried for his crimes.

Questions? Contact Gibbons Law Firm.

If you are faced with a legal situation, it is imperative that you take action before the statute of limitations expires. Our attorney in Lake Ozark MO can help you examine the specific details of your situation so that you can determine how long the statute of limitations is for your case and at what point the clock started running. 

Don't risk your case becoming void because too much time has passed! Contact Gibbons Law Firm to schedule your initial consultation today.

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049
(573) 348-2211

Follow us on...

No attorney-client relationship is created by the publication of this blog.

No comments:

Post a Comment