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Statutes of Limitations

Statutes of Limitations

State by state guide to statutes of limitations. Statutes of limitation determine how long you have to file a lawsuit. In the case of personal injuries, the type of injury as well as the state the injury occurred in are some of the factors used to determine the length of time you have in which to file a lawsuit.

If you have been injured in an accident please complete a case evaluation. Our attorneys will analyze your states' statutes of limitation and determine if you can proceed with a lawsuit. Statute of limitations (SOL) – Is the time in which a law suit must be commenced by the injured party. In almost all cases, unless there is some special circumstance, the SOL begins to run from the date of the occurrence that caused the injury. This is referred to as the date on which the cause of action accrued.

Statute of repose (SOR) – A statute of repose is quite different from a statute of limitations. SORs usually apply in products liability cases and are designed to limit the exposure of manufacturers and sellers. A statute of repose begins to run from some specified time or event regardless of whether any claim has accrued or any injury has occurred. Thus, a SOR may actually bar claims before they even accrue.

As stated in (4 American Law of Products Liability 3d §47:55):"Unlike statutes of limitation, that are designed to prevent plaintiffs from sleeping on their legal rights to the detriment of a defendant, repose statutes applicable in products liability cases focus on the age of a product, rather than on the plaintiff's conduct. The repose period serves as an absolute barrier that prevents a plaintiff's right of action. In other words, the period of repose has the effect of preventing what might otherwise have been a cause of action from ever arising." Personal injury statutes of limitations.

Alabama Statutes of Limitations

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Senate tightens sex abuse penalties

Apr 25, 2007 | AP

The Texas Senate on Tuesday passed its version of "Jessica's Law," a get-tough measure on sexual predators that includes a possible death penalty for those who are twice convicted of raping children under 14. "I can think of no more solemn duty than the protection of our most innocent and vulnerable citizens," said Sen. Bob Deuell, the Greenville Republican who sponsored the measure, HB 8. The bill creates new categories of sexually violent offenses against children under...

Senate tightens sex abuse penalties »

Race riot lawsuit to be subject of bill, hearing

Apr 21, 2007 | AP

A published report says a 2003 lawsuit filed by survivors of the 1921 Tulsa race riot will be the subject of legislation and a hearing in Congress next week. Michigan Congressman John Conyers Junior plans to introduce on Monday a bill that would extend the statute of limitations on the lawsuit filed against the city of Tulsa and the state of Oklahoma. Conyers chairs the House Judiciary Committee. A federal judge dismissed the survivors' lawsuit in 2004, stating the statute of limitations had...

Race riot lawsuit to be subject of bill, hearing »

Court: Employees must be paid for denied lunch breaks

Apr 18, 2007 | Charlotte Business Journal,

The Supreme Court of California handed employees a major legal victory, allowing workers who were denied lunch breaks to seek compensation for three years and also enjoy a three-year statute of limitations. The unanimous ruling in a San Francisco case answered a much-debated issue: should employers be fined for unpaid lunches or compensate employees? The closely watched ruling, considered one of the most important cases this year by Cal Chamber, will affect several class-action lawsuits in the...

Court: Employees must be paid for denied lunch breaks »

Malpractice limit overturned

Mar 22, 2007

A decision Wednesday by the Ohio Supreme Court gives parents more time to file lawsuits against doctors for anguish they suffer when their children are victims of medical malpractice. The ruling extends the window in which parents can file lawsuits from one year up to the child's 19th birthday. The unanimous decision was based on claims brought by the parents of 17-year-old Tara Fehrenbach of Loveland. For parents of a child injured by medical negligence, the decision means they will not be...

Malpractice limit overturned »

False arrest lawsuit may be too late

Nov 7, 2006 | AP

Andre Wallace faces the distinct possibility that the legal system that wrongly kept him in jail for a third of his life will now tell him he waited too long to seek compensation. Several Supreme Court justices indicated Monday they are inclined to agree with lower court rulings that Wallace missed a deadline by waiting until 2003 to sue the Chicago police officers who arrested him illegally in 1994. Wallace was freed from prison in 2002, after Illinois courts ruled his arrest was illegal,...

False arrest lawsuit may be too late »

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