Statute of LimitationsJune 6, 2012 · Taylor Ernst · Legal Information · Comments Off on Statute of Limitations
If you or someone you love has been seriously injured, you have a time limit on when you can file a case. This time limit generally starts when the injury occurs or is discovered. Below is a quick reference to how long you can file a case.
Written Contract: 4 years.
Oral Contract: 2 years.
Personal Injury: 2 years.
Property Damage: 3 years.
Written Contract: If a lawsuit develops out of a written contract, you have 4 years from the date of the breach of contract. A contract is breached when there is a “material breach” meaning the act of performance or non performance must be significant in the overall ability to complete the contract. For example if there is a contract that 1000 tiles should be used on a roofing project, using only 990 tiles is not a material breach. A material breach would be if the roof was only partially finished and then the construction company decided not to finish.
Oral Contract: Contracts can be oral if they fit a specific set of circumstances. The amount inolved in the contract generally needs to be under 500 dollars, and the contract must take place in less than a year. Most of the time there is little obligation over these contract.
Personal Injury: When a loved one or family member is harmed, the first goal should be to try to get better. The focus should be on following the doctors orders, and focus on getting better from the injury. It should only be after the medical emergency has gone away, that you seek justice for the harm that happened, and that may happen again. The standard is 2 years from the date of the injury. This can be extended for a brief period of time through a doctrine called tolling, but it is smart to think about retaining a Personal Injury Attorney within 6 months to 1 year. If you wait close to 2 years, it becomes difficult to try your case effectively. If you think you may have a personal injury case on behalf of you or someone you care about, feel free to call us today. It is no fee, no cost, and you pay no money until we win or resolve your case.
Property Damage: Property damage claims must be filed within 3 years of when the incident occurred. This is straightforward and clear.