Injured Parties Must Act Timely in Filing Lawsuit
August 14, 2005
By Tracy E. Sagle
Formerly of Lang, Richert and Patch
Many people suffering from personal injuries or other types of damages are unclear about how long they have to file a lawsuit before their ability to prosecute their claims expires. The law recognizes various limitations periods (commonly referred to as the statute of limitations) for the different legal avenues designed to address a legal wrong. While the state legislature has attempted to make these periods clear, a problem that frequently arises is when the limitations period begins to run: is it when the facts giving rise to the lawsuit occurred, or rather when the injured party discovers their injury? Given that the failure to file a lawsuit timely prevents a court from ever considering it (regardless of the merits of the claim), issues surrounding the statute of limitations are of critical importance.