Exceptions to a Statute of Limitations

Lawsuits generally need to be filed within a prescribed time period or else they could be dismissed as untimely.  The amount of time a party has to file a lawsuit depends on the state in which the case will be filed and the type of claims that are asserted in a lawsuit.  Generally, negligence actions must be filed within two to three years of the event giving rise to the lawsuit, depending on the state, but some time periods are longer for fraud and other causes of action.  Although courts are often strict when it comes to enforcing these time limits, there are certain exceptions to a statute of limitations (the law that imposes time restrictions) that are important to keep in mind.

Defendant Left the State or Is Hiding

One of the most common exceptions to a statute of limitations is when a defendant left the state.  If a party is not within the jurisdiction where a case will be filed, it would be unfair to require a party to still file suit against that person.  This is because a defendant usually must be personally served with documents related to a lawsuit in order to sustain a case against that defendant.  In addition, if the defendant stayed in the state, but has made efforts to conceal his or her location, then the time period during which the defendant was hidden will not count toward the time period in the statute of limitations.  It is important to note that once the defendant returns to the state or is no longer in hiding, the statute of limitations will continue to run against the party filing suit.  As a result, it pays to check up on potential defendants to see if they can be located.

Legal Incapacity

Another one of the important exceptions to a statute of limitations is when the injured party is legally incapacitated.  An individual can be legally incapacitated for a number of reasons.  Some of the common ways a party can prove incapacitation is because of medical reasons or psychiatric issues.  For instance, if a person is dealing with mental health issues, and cannot adequately assess their legal options, the statute of limitations will be suspended during this time.  In addition, an individual who is incarcerated may also be entitled to have a statute of limitation suspended for the amount of time that party is in jail, since this individual may not have the legal means to collect evidence and file a lawsuit.  In any case, the amount of time a person spends incapacitated will not count against the time period prescribed in a statute of limitation.  However, once a party regains capacity, the time period in the statute of limitation will continue to run, so it is important at this point to quickly engage counsel to preserve your rights.

Continuing Harm

Another common one of the exceptions to a statute of limitations is a continuing harm.  If a party is continuing to provide services, even though earlier services injured a party, the continuing relationship may extend the deadline to file suit.  For instance, if a client has a claim against an accountant for malpractice for a tax error, but that accountant continues to work with the client, all of that time spent after the malpractice event may not count against the time period in the statute of limitation.  This area of the law is less clear than other exceptions to a statute of limitations, and if you think that this exception applies, it often pays to talk with an experienced attorney.

Discovery Rule

One issue with statute of limitations is that people may not discover that they were harmed until well after a statute of limitations has run on a claim.  However, many states have exceptions to a statute of limitations, which allow parties to file lawsuits after they discover their injuries.  Some states nevertheless restrict lawsuits based on this exception, and only allow parties a short window during which they can sue for later-discovered injures.  However, if individuals have been hurt by harmful acts, even years in the past, they should still consult with an experienced personal injury attorney to see if they have a claim.

Age of Injured Party

Another one of the major exceptions to a statute of limitations is when the person injured was a minor at the time they first obtained a cause of action.  The law recognizes that individuals who are minors are not as capable of evaluating their options and understanding that they may have the right to sue for injuries.  As a result, the law typically deducts the time that the injured person spends as a minor against them when calculating the statute of limitations.  However, once an injured party reaches the age of majority, the clock will begin to run on their cause of action.  At this time, it is important to speak with an attorney in order to preserve all rights.

The Rothman Law Firm has substantial experience dealing with exceptions to a statute of limitations on behalf of both defendants and plaintiffs.  We understand the legal issues involved with statutes of limitations and can craft the most effective arguments to serve the interests of our clients.  If you are looking for an experienced New York and New Jersey attorney to handle your legal issue, feel free to contact The Rothman Law Firm to request a free consultation.