Can you claim damages for an injury that happened several years ago, or is there a specific time period in which action must be taken? The answer to this question may be more complex than you think. It all depends on the “ statute of limitations.”

When governing bodies pass laws, public policy is applied that affects the legal dictates of the courts. Politicians believe that they are passing into law policies that are in the best public interest. These legal policies also help to answer the question of how long a legal claim can be pursued.

For example, let’s say that I hit your car accidently while parking. You are sitting inside when you feel the jolt. There is only slight damage to the vehicle, but you have a minor headache. Reasoning that you are fine, just shaken up, you decide not to seek medical care. I hear nothing of the accident for months and then years pass. After 5 years, papers are served and I learn you’ve filed a lawsuit claiming compensation for head injuries sustained in this accident. Does this lawsuit have legal basis? The statute of limitations comes into play here.

Simply put, the statute of limitations is the time period within which legal action can be taken. If that deadline has passed, legal action can no longer be taken and you cannot sue me. Why not? After such a long period, evidence is hard to come by. Witnesses will no longer remember the details. Public policy ensures that legal action should be swift, and fair to both parties. I may not even remember all the details needed to defend myself.

Understanding the statute of limitations is vital in determining whether or not you still have a claim. In many cases, the statute expires in one year. In other cases, the statute might last for 10 years, or an even longer time period depending on the type of claim. You’ll have to consult a personal injury lawyer in your state to find out for sure what the statute of limitations is. But whenever you feel you have a case, it is important to contact a lawyer as soon as possible so that you can take legal action before it is no longer an option.