FAQ – Statute of Limitations: When Must I File My Claim or Lawsuit?

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In order to protect your rights when you have been injured, defrauded or otherwise harmed, a lawsuit, and in some instances, a claim, must be filed within a certain period of time. This is referred to as the “Statute of Limitations.”

Failure to comply with the applicable statute of limitations can act as a complete bar to the recovery you deserve.

The statutes of limitations vary based upon the state where you are injured. The statute of limitations in any particular state will also vary based upon the type of claim, who was making the claim, to whom the claim is made and the type of damages being sought. The statutes of limitations also vary if you are suing the government or a governmental agency. Requirements of how the claim is made, the form of the claim and the information to be included in the claim also differs based on the type of claim and against whom the claim is being made.

Because the statute of limitations is different depending upon the circumstances, it is impossible to give you accurate advice as to when the statute runs without the risk of misleading you. Therefore, it is important that you immediately consult an attorney to advise you of the applicable statute of limitations based upon the facts of your claim.

Even if you believe the statute of limitations has run, there are numerous exceptions and tolling provisions. These exceptions and tolling statutes may be used to revive a claim that you might otherwise think has been time barred.

Cheong & Denove have the extensive resources to handle the most complex legal matters, yet is small enough to offer individualized service to our clients.

We believe the more you know, the better choice you will make.

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