Statute of Limitations

New Years is about new beginnings, resolutions, and a way to start over with a clean slate. “Being more organized” came in at number nine on a list of top ten New Years resolutions, among others. Recently, Messa & Associates has had many questions aimed at issues regarding statute of limitations; when statutes run and why, how to get an extension, if you can or cannot get an extension and why, and rules depending on the type of claim being pursued. With this in mind, we have decided to address these questions in order to better serve and educate our clients.
Statute of limitations are laws that set the deadline or maximum period of time within which a lawsuit or claim may be filed. The deadlines vary depending on the circumstances of the case and the type of case or claim, and the state.
Statutes may vary by state, in which case, it is always best to contact an attorney immediately following any incident in which you believe legal action may need to be taken. In Pennsylvania, professional negligence actions, including medical malpractice, must be filed within two years. In New Jersey, medical malpractice claims must be commenced within two years from the date of the act or omission giving rise to the complaint, or two years from the date the injury was or reasonably should have been discovered. On the other hand, fraud has up to six years. If you wish to know how the statute of limitations applies to a specific situation, you should verify the statutory time period and its relevance to your situation with a qualified lawyer in your area.
There are several instances when statutes can and/or will be extended, one of the most important being called “the discovery rule.” Sometimes it is not reasonably possible for a person to discover the cause of an injury, or even to know that an injury has occurred, until considerably after the act which causes the injury.
When it applies, the "discovery rule" permits a suit to be filed within a certain period of time after the injury is discovered, or reasonably should have been discovered. The discovery rule does not apply to all civil injuries, and sometimes the period of time for bringing a claim post-discovery can be short, so it is important to seek legal assistance quickly in the event of the late discovery of an injury.
There are also other exceptions for statutes being “tolled”, meaning that something has stopped it from running. The victim of the injury was a minor at the time, mental incompetence, or bankruptcy.
If you have any further questions or concerns about statutes of limitations, please do not hesitate to contact someone at Messa & Associates, P.C. at 215.568.3500.