Has it really been that long?

There are a lot of decisions that go into choosing a path forward with a dispute. Will you go to court? Will you not? Will you sue? Will you not? Will it be worth your time and money? Or, will it not? And sometimes those decisions take awhile. There are other reasons why you may not pursue legal action immediately. Perhaps you are trying to negotiate a settlement or a compromise. Or maybe you are awaiting a company’s action after a complaint has been filed. While you may not be ready on day one of a dispute, you just might find yourself in that position down the road. The statute of limitations is a very important aspect to keep in mind when trying to decide on your next move.

Statute of what?

“A statute of limitations is a law that forbids prosecutors from charging someone with a crime that was committed more than a specified number of years ago. The main purpose of these laws is to ensure that convictions are based upon evidence (physical or eyewitness) that has not deteriorated with time. After the time period has run, the crime can no longer be prosecuted, meaning that the accused person is essentially free.”[1] Depending on what state you are in and what the dispute is, the timing can be different. Crimes are broken into categories and the statute of limitations are based on that categorization. There are actually crimes that have no statute of limitation: first degree murder and treason, embezzlement of public money, and felony rape offenses involving force or violence.

How do I know when it is time?

In reality, no matter what your dispute might be, it is likely a good idea to seek legal guidance as soon as possible. This will allow you to know your rights, your limitations and the decisions you should be considering. There are a lot of factors that play into a timely decision, including: loss of evidence, memories fade away and witnesses disappear for a myriad of reasons.

While pursuing legal action should never be taken lightly, there are factors, like these limitations, that should be considered when you are evaluating your options.

[1] Time Limits for Charges: State Criminal Statutes of Limitations https://criminal.findlaw.com/criminal-law-basics/time-limits-for-charges-state-criminal-statutes-of-limitations.html