A Statute of Limitations is a law which places a time limit on filing a claim for a legal remedy because of negligent conduct. If the statutory period expires, the injured party loses the right to file a lawsuit for money damages and other relief.
There are different statutory periods for different types of negligence claims. The Statute of Limitations starts at the time of the act giving rise to the injury.
An action founded on negligence has a four year Statute of Limitations. This includes automobile, truck, motorcycle, train, slip and fall, including premises liability, and product liability claims. The Statute of Limitations for a Uninsured/Underinsured vehicle claims is 5 years.
Medical Negligence claims have a two year Statute of Limitations from the time of the incident giving rise to the action or within two years from the discovery with due diligence not to exceed four years. This includes licensed physicians, osteopaths, podiatrists, dentists, pharmacists, chiropractors, hospitals and nursing homes. The Statute of Limitations for any negligent conduct causing Wrongful Death is two years.
The Statute of Limitations for Legal Negligence claims is two years from the time the cause was discovered or should have been discovered with the exercise of due diligence. If you wish to know which statute applies in a specific situation, please call us. Don’t let the time to file suit expire because your claim will be forever barred if that happens.