Statute of Limitations:
There is potential for many roadblocks in people pursuing a personal injury lawsuit or other types of legal cases. One of the most common and unfortunate mistakes people make is waiting too long to contact a lawyer and press charges. It makes sense. The other party is at fault if something horrific happens to you. Many people do not think about a time limit on their rights to file a lawsuit or charges. The Statute of Limitations is a law across all states. That limits how long people can take to start the process of pressing charges or filing a lawsuit.
The New York Courts website provides a detailed chart of the exact statute of limitations, which you can find here.
There are a couple of types of crimes that the Statute of Limitations does not apply. But for the most part, most lawsuits and crimes have some Statute of Limitations. For cases, the Statute of Limitations limits the time a plaintiff can take before filing. Similarly, for crimes, the Statute of Limitations sets a limit on how long a prosecutor can take to file charges. With the Statute of Limitations come many different rules and exceptions. If you are considering filing a lawsuit or pressing charges, you need to know key details. Here are six essential facts you must know about the Statute of Limitations:
There Are Some Exceptions
Like most things related to our legal system, there are some exceptions to the Statute of Limitations. In many cases, the Statute of Limitations can seem unfair to those who others have wronged. These exceptions to the Statute of limitations are there to make the system fairer to those seeking to file lawsuits or press charges. Two of the most common types of exceptions to The Statute of Limitations involve the “Discovery” rule as well as the “Recovered Memory” rule. These exceptions to the Statute of limitations help victims who may have had some delay in discovering the seriousness of the incident or crime that happened to them.
For example:
The Discovery Rule may be appropriate when someone ingests an “edible” product advertised as safe for eating. But later discovered to cause severe stomach aches and throwing up. This person may have grounds to file a lawsuit against the company for their health issues. However, what happens if a person is diagnosed with stomach cancer in ten years? And their condition is linked to that original product they had eaten in the past?
The Discovery Rule would be a viable option since the initial concern of the stomach aches and throwing up. The person did not know the product would later cause stomach cancer. That victim would have grounds to file a lawsuit against the company even though the original incident was ten years ago.
Similarly, the “Recovered Memory” rule applies to victims of horrific crimes that may have repressed traumatizing memories at the time of the incident and their original court hearings. There are a variety of different ventures that could cause someone to suppress a memory unknowingly. It has proved that victims of traumatizing incidents often repress memories. To psychologically protect themselves from the damage those memories could cause to them mentally. Repressing a memory or memories is the brain’s way of protecting itself from more harm. Someone can remember something years later that they could not remember at the time of the crime. Or when it was initially relevant to an open case. In these cases, the “Recovered Memory” rule would allow the filing of the charges or for a case to reopen and be analyzed.
Tolling Your Time
An additional exception to the Statute of Limitations would be the ability to “toll” your time. This exception, like the others, is not available to just anyone. Time tolling is open if an extenuating circumstance would prevent a plaintiff from filing a lawsuit or a prosecutor from filing charges within the Statute of Limitations. In these cases, tolling refers to the act of the law “stopping the clock” until the plaintiff can legally file or press charges. For example, a person considered underage may not take legal steps on their own accord at the time of the incident. In these instances, the case would be a toll until this person becomes old enough to take legal action.
Some Crimes Are Too Horrific
Most types of incidents and crimes will fall under the Statute of Limitations. However, there is an exception for a few types of crimes. Crimes such as murder, terrorism, and sexual misconduct do not have a Statute of Limitations in most states. These crimes are considered serious and horrific enough that, as long as there is compelling evidence to move on with charges. There is no max for how long they can be addressed in court. Also, in many cases of murder, terrorism, and sexual misconduct, the perpetrators escape custody for some time. It isn’t months, years, or even decades later that they are found and processed through the legal system.
Lawyers Are Important
One of the most important steps to remember when it comes to legal action is always to hire a lawyer. Lawyers can be the essential key to winning a lawsuit or case. Think about it. They go to school for many years to learn about the intricacies of our legal system. And they become experts on how to speak and argue points to achieve results. Having a lawyer in your corner to help you navigate the legal system can reduce stress and give you a better chance of coming out on top. In addition, the rules involving the Statute of Limitations can vary from state to state, and having a professional looking after your case can help you achieve the outcome you are looking for!