Thursday, July 7, 2022

Statute of limitations by state

Statute of limitations by state - The statute of limitations for all 50 states help discover your liability for debt, contracts and crimes. Browse our free statute information.

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Statute of Limitations and Your Legal Rights

A Statute of Limitation is defined as a statute setting a time limit on legal action(s) in determined legal cases. All systems of law have statutes restricting the time within which legal proceedings may be brought to ensure the prompt prosecution of criminal charges and thereby spare an accused person of the burden of having to defend against stale charges after memories may have faded or evidence is lost. The periods prescribed may vary according to the seriousness of the offense. Certain crimes, such as a capital offense like murder have no statutes of limitation.

Important reasons to have statute of limitations laws is that over an extended period of time, evidence can be corrupted or disappear, witness memories fade, crime scenes are changed and when it comes to debt, companies dispose of records. Another reason is that people simply do not want to muddle their lives with ancient legal battles from their past.

The best time to file a claim or a lawsuit is while the evidence is as close as possible to the alleged crime or criminal actions. The prosecutor has a responsibility to the county or state to quickly bring about charges so that the legal process can be started. Therefore, limitations of time start when a cause of action has been found or when the plaintiff discovered the crime, rather than at the time of the original event. This distinction is significant in cases in which an earlier event causes a later harm (example: a doctor fails to notify a patient of a disease they may have or doesn't disclose possible cures and the patient then suffers the consequences of that negligence years later).

Sometimes the statutory time limit can be extended in a process called Tolling wherein there are certain circumstances in which a lawsuit or indictment could not be filed or time needs to be extended. All states have their own statutes for tolling and crimes committed. A listing for all 50 states and their revised statute of limitations can be found on the State Statute of Limitations page.

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