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Details on State Civil Statute of Limitations

The idea behind statutes of limitations is mainly one of general practicability and fairness. The offending party in any legal dispute knows that he or she committed or may be accused of committing some wrong against the other party. In such a case, the wronged party must decide whether to bring a lawsuit in order to recover for his or her wrong. The law will not tolerate a plaintiff who procrastinates, a plaintiff who delays for effect, or one who is negligent or forgetful. After a period of time has passed, the chance to sue disappears.

State Civil Statute of Limitations

Every state enforces strict time limits for filing a civil action, whether it's a medical malpractice lawsuit or a claim for collection of debt. Again, they are intended to ensure the integrity of physical evidence and witness testimony, while also removing the indefinite threat of a lawsuit (which could be used as blackmail in the absence of limits). For instance, the time limit to file a trespass case in California is three years from the date of the incident, whereas in Colorado it is only two years.

How Long?

The lengths of time for statutes of limitation correspond roughly to the amount of notice that both parties have regarding the underlying injury or wrong. The more notice both parties have that there is a problem and the more likely it is that the injured party will sue, the longer the statute of limitation. The less likely it is that the offending party will be aware of his wrong or the more inconsequential it is likely to be, the shorter the statute of limitation.

The longest statutes of limitation are generally those regarding the recovery of judgments after a lawsuit. In this situation, the parties are clearly on notice of the lawsuit. If the losing party refuses to pay his judgment, it should come as no surprise that he will be sued, even if it is as many as 10 years later.

On the other hand, if one person is physically injured by another person but does not sue within a year or two, it is reasonable to expect that the plaintiff either forgot about the injury or it was not as serious as originally suspected. In this case, the potential defendant is protected from a lawsuit that he may not even be aware is pending, especially more than a year or two after the accident that caused the injury occurred.

Where no statute is listed on the books, it is probable that there is simply not a specific statute governing the situation. In these cases, a general civil statute of limitation most likely applies. For example, in cases of medical malpractice, the statute of limitation may just as easily be covered by the time limit for personal injury claims.

Tolling the Statute of Limitations

There are many interesting controversies about when statutes of limitation begin and end. In many cases, the injured party may not even know he was wronged until a great while after the wrong was committed. This is often true in the case of breach of contract or fraud, and it often arises in cases of wage law violations and medical malpractice. In the case of certain surgical procedures, the party may not know that, for example, a sponge was left in his abdomen or something else was done improperly -- until years later.

There has also been much controversy, now largely settled by statute, about whether the statute should begin to run when the wrong was committed or when it was discovered. Court decisions have largely gone in favor of the injured party, allowing the statute to start running upon discovery of the injury or when the injury or act of negligence should "reasonably have been discovered."

Most states "toll" or stop the statute of limitation upon the incapacity of the injured party. But there are a number of ways a person can be incapacitated. If the person has been committed to a mental hospital or is out of the country, these may toll the statute of limitation until they either regain their mental facilities or return from abroad.

A Final Word About Civil Statutes of Limitations

Remember, state laws are always subject to change, usually through legislation, ballot initiative, or court ruling -- contact a litigation attorney in your state or conduct your own legal research to verify the state law(s) you are researching.

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State Civil Statute of Limitations: Related Resources

Learn More Details on State Civil Statute of Limitations from a Local Attorney

From California to Florida, medical malpractice to personal injury, filing a civil lawsuit can be stressful and often times confusing -- especially when it comes to meeting the filing deadline. But you don't need to fight this battle alone. Contact a local personal injury attorney today who can look at the evidence, tell you about the law, and guide you towards important next steps.

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