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.
Need Legal Help Regarding Case Evaluations?
Need Legal Help?
New York City, Long Island, New Jersey, and Florida
Our personal injury attorneys in NYC are here to help you when you need it the most.