Chicago personal injury lawyers - Article

Statute of Limitations

A statute of limitations is a statute in the common law legal system that puts a limit on when a lawsuit can arise. Following an injury or accident, the plaintiff must file a lawsuit within the period covered by the statute of limitations. A statute of limitation is typically part of the civil code. It is also known as a "period of prescription" or "prescriptive periods."

In addition to statutes within the civil code, the criminal system might have a code that limits the time for prosecution of crimes called misdemeanors. Misdemeanors are less serious crimes. In addition, there are times limiting when contracts can be sued for breach of performance. This is typically six years after the performance due date.

A statute of repose is closely related to the idea of a statute of limitations. A statute of repose limits the time within which an action may be brought and is not related to the accrual of any actions. The injury does not need to have occurred or even discovered for the time of repose to be ticking or running out. This type of statute frequently applies to buildings and properties. It limits the time during which a defect or hazard connected to the construction of the building or premises can be sued over.

Statutes of repose can apply to manufactured goods as well. Manufacturers of various products argue that these statutes are important to avoid unfairness and to encourage consumers to maintain their property.

In any action, time is of the essence. Once the statute of limitations on a case runs out, if the defendant raises that as a defense, any further litigation is ended.

Contact a Chicago Personal Injury Lawyer

If you have been injured in an accident, contact the Chicago personal injury lawyers of Friedman & Bonebrake at 312-466-8200.