The “statute of limitations” provides for the rules on the time limit when an action can still be filed. If not followed, the action can forever be barred and the claimant cannot be able to raise his claim anymore. In spite of the general rule throughout the federal state, every state may have its own specific statute of limitations. This means that you might need the assistance of an experienced lawyer who is familiar with the specific rules of a state. The specific limit prescribed by each state ranges from one year (in Kentucky and Tennessee) to six years (in Maine and North Dakota).

In other states, the time limit may also be affected by the personal injury sustained by the victim. To give an example, defamation cases that involve minors can be granted longer limits. On the contrary, malpractice incurred and punishable by medical statutes can be granted shorter time limits. This is in recognition of the urgency to file the claim and the discernment capability of the person. Ordinarily, prescription would only begin to run once the person involved is already 18 years old. For example, suppose Pat is injured in a car accident on his 17th birthday. In a state that has a two-year statute of limitations for personal injury lawsuits, Pat will have three years to file suit for injuries suffered in that accident.

The “Discovery of Harm” Rule

In spite of the given limit in the time when a person can validly raise his claim before the court, the time period will not necessarily run until the person interested has a knowledge that a violation has actually been committed. This is called the “discovery of harm rule.” Indeed, one cannot be expected to start a suit if he is not even aware that he has right that have been violated. In such a case, the patient had no reason to know of what happened, and this lack of knowledge could not be called unreasonable under the circumstances. For example, when surgeons commit mistakes of leaving inside a patient’s body, something that should have been taken out, the patient will not be able to realize this until he experiences actual side effects.

However, it should be noted that the delay in the discovery must be coupled with being reasonable. It cannot be grounded on the fact that the interested party has been negligent in his duties. Otherwise, a claim can even be barred by the statute of limitations in spite of the lack of knowledge. In most cases, the discovery of harm rule is usually not present in car accidents because after the accident, the facts are there staring at the witnesses and there is no need to discover a hidden fact.

The Statute of Limitations in Your State

As what has been already stated, the states in the federal may have specific rules on statute of limitations. The specific limit can be seen in the following chart.

(Note: State laws are frequently revised from year-to-year, so it is important to speak with an attorney to understand how your state’s current laws will apply in your case, especially in areas as critical as the statute of limitations. Remember also that special time-limit rules exist for injury claims against the government).