Statutes Of Limitations
Statutes Of Limitations
Statutes of limitations are, as their name suggests, laws that put a time limit on when you can file a lawsuit. Every state has different statutes of limitations, and different types of claims have differing time limits.
In the state of Idaho, you may file a claim on a breach of a written contract for four years after the breach happened. On an oral contract, Idaho law gives you two years to file. You have two years to file a suit on an injury case founded on negligence in Idaho, and three years to file a property damage case. In the case of medical malpractice suits, Idaho law states that you have three years from the date you were injured or one year from the day you discovered the injury to file a lawsuit. Idaho puts a one-year limitation on suits claiming libel or slander. For injuries related to injuries due to domestic violence, Idaho gives you three years from the last act of violence against you. In cases of childhood sexual abuse, you have eight years following the victim’s eighteenth birthday, or three years after realizing psychological trauma or physical injury was due to childhood abuse, regardless of the age of the victim at the time of the realization.
Statutes of limitations usually give you at least one year to file suit regardless of the type of claim. Once a claim is filed, if it has been filed within the statute of limitations for that type of claim, the statute of limitations has no bearing on the amount of time it takes the case to come to a resolution. There are, however, “diligent prosecution” statutes in most states that put a time limit on how long it takes for a case to go to trial. Cases that don’t meet this requirement can be dismissed.
If you plan to file suit against a city, county, or state agency, you will most likely be required to file an administrative claim with that governmental body first, usually within sixty days of the incident. If your claim is denied (and it probably will be), the letter you will receive informing you of the denial will tell you the time limitations you have to file a suit.
An experienced attorney can give you information about statutes of limitations as they might pertain to your specific situation and case.
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