What Is the Statute of Limitations?
A statute of limitations is a legal deadline for starting a lawsuit. The deadline begins when a claim arises or when a law says it begins. The applicable period depends on the claim, the parties involved, and facts that may pause or change the deadline. Filing after expiration can bar recovery.
Quick Facts About Statute of Limitations
Category
Civil procedure
Used for
Timing personal injury lawsuits
Common confusion
Insurance deadlines are not lawsuit deadlines
Also called
Limitations Period, Limitation period
Often discussed with
Car Accident Claims
Key Takeaways About Statute of Limitations
- The deadline depends on the claim and governing law.
- Filing a claim does not always stop the lawsuit deadline.
- Insurance notice deadlines are separate from lawsuit deadlines.
How Statute of Limitations Works
The statute of limitations sets the period in which a person may file a lawsuit. The time usually relates to the date of the injury or another legally recognized event. The governing law and type of claim determine which deadline applies. Different claims can follow different rules.
Related glossary terms: Causation, Damages, Liability.
Attorneys review the accident date, injury facts, insurance communications, and possible exceptions before assessing the deadline. An insurance claim does not necessarily preserve the right to sue. A written settlement discussion also does not necessarily extend the filing period. A court may dismiss a lawsuit filed after the applicable deadline, subject to any exception recognized by law.
Car Accident Claims
A car accident claim may involve separate deadlines for notifying an insurer, filing a lawsuit, or pursuing another responsible party. Each deadline requires its own review. A change in the defendant or the legal theory can affect the analysis.
From the Atlanta Auto Law team
When we review a car accident claim, we identify the accident date, potential defendants, and the legal theories that may apply. We then check the deadline for each possible claim and record actions that could affect the analysis. We also distinguish lawsuit deadlines from insurance notice requirements.
Statute of Limitations in Practice: A Real-World Example
A driver injured in an Atlanta collision may speak with an insurer while the legal filing deadline continues to run. The claim review must identify the applicable deadline and determine whether any recognized exception changes the filing analysis.
Related Services
Related Terms
Causation
Causation is the connection between a healthcare provider’s conduct and a patient’s injury or loss. In…
Damages
Damages are the money a claimant seeks or a court awards to address losses caused by…
Liability
Liability is legal responsibility for harm, loss, or damage caused by a person, company, product, or…
Comparative Negligence
Comparative negligence is a legal rule that assigns each party a share of fault for an…
Atlanta Auto Law
Have Questions About Statute of Limitations?
Contact Atlanta Auto Law for practical guidance on Statute of Limitations and related personal injury attorney work in Atlanta.