What is the statute of limitations?
The statute of limitations is the time period within which a lawsuit must be commenced or will be time barred. This varies depending on the cause of action (underlying claim). If you or your company have legal claims to enforce, it is important to not sit on your rights and to promptly consult with an attorney regarding the merits of your claims and whether it is advisable to file a lawsuit.
The statute of limitations is the amount of time you have to file a claim for benefits. The statute of limitations varies depending on the date of injury. At a minimum, you have two years after the occurrence of your injury, or the last time your employer made a payment on your behalf, to file a claim. If you do not file a claim within the specified time, you will never be able to assert a claim.
Statutes of limitation specify the deadline by which lawsuits must be filed. The statute of limitations for medical malpractice cases is C.R.S. § 13-80-102.5, which requires that the case be commenced within two years of the date on which the action “accrues.” Under C.R.S. § 13-80-108(1), a medical malpractice case accrues on the date that both the injury and its cause are known or should have been known by the exercise of reasonable diligence. C.R.S. § 13-80-102.5 also states that, with certain exceptions, the claim must be brought within three years of the negligent care, unless both the injury and its cause are unknown. However, the three-year limit may be unconstitutional under some circumstances. The statute of limitations for the commencement of a lawsuit for wrongful death due to medical negligence is two years from the date of death. See C.R.S. § 13-80-108(2). There are also special rules which may extend the statute of limitations for claims by minors or other persons deemed t
Every state has certain time limits, called “statutes of limitations,” that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don’t have a case anymore. Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident. For more information regarding the limitations for your specific case, please contact Los Angeles medical malpractice Attorney Scott Marks.
