What is a Statute of Limitation and Why Should I Care?

Throughout my career as an attorney, I have had the opportunity to speak with many people about very difficult situations in their lives. In these conversations, there have been times where the person I am speaking with has had a strong legal claim and has suffered great damages, but we have not been able to help them.  One of the reasons a person may not be able to file a lawsuit is because of something called a statute of limitation.

A statute of limitation is a law that limits the amount of time someone has to file a lawsuit.  The amount of time provided by the law is incredibly important.  Moreover, each state has its own specific laws regarding the amount of time someone has to file.  While some exceptions exist, if the statute of limitation for a claim passes, the claim will no longer be able to be brought.

For example, in Pennsylvania, West Virginia and Ohio, the statute of limitation for a personal injury case is generally two years from the time of the injury.  Therefore, if someone was hit by a drunk driver on April 22, 2014, they would have until April 22, 2016 to file suit.  If the person does not file suit by April 22, 2016, they would not be able to bring their claim.  Additionally, the injured person would have to contact an attorney well in advance of the April 22, 2016 deadline to give the attorney enough time to file the case.

Every type of claim has a statute of limitation.  Therefore, it is important for a person to be aware of their time restriction regardless of whether they are claiming a contract was breached, their property was damaged or an insurance company improperly denied their claim.  As a result, I would recommend anyone who thinks they may have a claim to contact an attorney as soon as possible.

At Bordas & Bordas, a case’s statute of limitation is one of the first things we look at when deciding whether we will be able to help someone.  If any of our readers have a question regarding a potential claim, I would encourage them to reach out to our firm.  All of our initial consultations are always free.  Additionally, if we cannot help someone, I always do my best to try and point the person in the right direction.