A LEGAL TIME-BOMB CALLED THE “STATUTE OF LIMITATIONS!”

The law places strict time limitations on how long a person can wait before pursuing a claim. Such time restraints are commonly referred to as “Statute of Limitations.” The time limitations are often “jurisdictional,” meaning the court loses authority to consider actions filed beyond the permitted time frame. The filing deadline varies from one forum to another, and with the type of action or claim pursued.

Here is a hypothetical scenario to bring out the legal intricacies related to this subject:
Imagine yourself injured after a car accident with a postal carrier’s vehicle when you were running work related errands. To make matters worse, imagine falling off the stretcher and breaking your arm in the fire truck!

How many Statutes of Limitations should you worry about if you decide to pursue claims for recovery against all involved? Do you look up Federal or State Law? Is it 2 years because personal injury actions in CA have a two year statute of limitations? Or is it 1 year because of the medical provider’s statute? Is it 6 months because of the very limited timeline for the State and Federal Government actions? How will your work related injuries play into all of this?

Unfortunately, deciphering the statutory language, and applying the correct time limitation to often overlapping actions arising from a simple set of facts, makes this area of the law one of the MOST FRIGHTENING traps for the unwary! Seeking legal advice and expertise in a timely manner is often necessary to prevent a viable claim from being dismissed and thrown out of court. Beware that ignorance of the law is not a defense and will not revive an otherwise “stale” claim.