Deadlines are an important topic in any industry, but are especially critical in the area of the law.
In the area of the law, deadlines mean everything. The consequences of missing a legal deadline can be as severe as permanent dismissal of your case. It is important to note that plaintiffs should never procrastinate in seeking legal advice. This is because the technical rules employed in the area of the law make it easy for an unrepresented party to make a mistake.
The rules and deadlines in litigation are different in each case and depend upon what court has jurisdiction over the lawsuit, what types of parties are involved, and what claims are at stake. One of the harshest deadline is the one set by a claim’s statute of limitations. The statute of limitations is the deadline for filing a lawsuit. Most lawsuits must be filed within a certain amount of time. In general, once the statute of limitations on a case “runs out,” the legal claim is no longer valid. While the period of time during which you can file a lawsuit varies depending on the type of legal claim, we will highlight a few of the most ubiquitous statute of limitations below:
Personal Injury: Two years from the injury. If the injury was not discovered right away, then it is 1 year from the date the injury was discovered.
Breach of a Written Contract: Four years from the date the contract was broken.
Breach of an Oral Contract: Two years from the date the contract was broken.
Property Damage: Three years from the date the damage occurred.
If a legal deadline is missed, your interests can be severely injured, a case can be dismissed, an argument rejected as untimely, or a lawsuit barred by the statute of limitations. But remember, the applicable deadlines will vary from case to case and may depend on what the parties are trying to do. Determining deadlines in legal cases can be complicated and confusing, so plaintiffs should seek legal representation to avoid making a devastating mistake.
If you have questions about your lawsuit, please call DuFordLaw to set up a consultation today to determine your legal options. You can set up a consultation or contact us HERE.