For example, suppose Pat is injured in a car accident on his 17th birthday. Typically, under the legal concept of tolling, the statute of limitations in a lawsuit for injuries to a minor does not begin to run until he or she reaches 18 years of age. Similarly, some state legislatures have increased or altogether eliminated the period of limitation in certain sexual abuse, sexual assault, or sex offense contexts. For example, certain defamation tort cases and claims involving minors (persons under age 18) may be granted longer time limits, while medical malpractice statutes of limitations may grant shorter time limits. In some states, the type of personal injury claim may also affect the time limit. Different Time Limits for Different Types of Claims in Kentucky and Tennessee) to six years (e.g. The specific limit prescribed by each state ranges from one year (e.g. The spirit of this rule is to incentivize potential claimants to bring forward their claims in a timely manner and before the evidence for a case becomes stale.Įvery state has enacted its own statute of limitations, requiring any personal injury suit or cause of action be filed in court within a set time after the incident or injury. Under a legal rule known as the "statute of limitations," any lawsuit arising from an accident or injury must be filed within a certain time limit (“limitations period") or the injured person's legal claim will be subject to forfeiture, barred, and their right to sue will be lost forever.
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