Perspectives

When it comes to legal disputes, time is not always on your side. The statute of limitations sets a deadline for how long you have to bring a lawsuit after an event occurs. Once this period expires, you may lose your right to take legal action entirely. At Wagner, Falconer & Judd, we want to help individuals and businesses understand this crucial legal concept so they can protect their rights and make informed decisions.

What is a Statue of Limitations?

A statute of limitations is a law that establishes the maximum amount of time a party has to initiate legal proceedings after an incident. These deadlines vary based on the type of claim and the jurisdiction where the case is filed. The primary purpose of statutes of limitations is to ensure fairness by preventing claims from being brought too long after the fact, when evidence may be lost, and memories may fade.

Why Does the Statute of Limitations Matter?

If you wait too long to take legal action, you could permanently lose your ability to seek compensation or justice. Courts strictly enforce these deadlines, and missing them-even by a single day-can mean your case is dismissed before it even starts. This is why it is crucial to understand and track relevant time limits.

Common Statutes of Limitations

While every state has its own laws governing statutes of limitations, here are some general timeframes for common legal claims:

• Personal Injury- Typicially 2-3 years from the date of the injury
• Contract Disputes- Typically 4-6 years for written contracts and 2-4 years for oral contracts
• Property Damage- Usually 3-6 years
• Medical Malpractice- Often 2-4 years, sometimes from the date of discovery
• Debt Collection- Varies, but typically 3-6 years depending on the type of debt
• Employment Discrimination- Often requires filing a claim with the EEOC within 180-300 days
• Worker’s Compensation Claims- Usually requires reporting an injury within days or weeks of filing a claim within 1-2 years

Exceptions and Tolling the Statute of Limitations

In some cases, the statute of limitations may be extended or “tolled”. Common reasons for tolling include:

• The injured party was a minor at the time of the incident
• The defendent lef the state, preventing legal action
• The injury was not discovered until later (e.g., in cases of medical malpractice)
• Fraud or concealment delayed the discovery of the issue

What Should You Do if You Think You Have a Legal Claim?

If you believe you may have a legal claim, the best course of action is to consult with an attorney as soon as possible. Here’s what you should do:

Determine When the Clock Starts: The deadline typically begins the date of the incident or the date you became aware of the harm.

Gather Evidence: Preserve any documents, photos, or other relevant evidence.

Contact an Attorney: A lawyer can help assess your claim, calculate deadlines, and guide you through the legal process.

Don’t Wait Until the Last Minute: Legal claims take time to prepare, and waiting too long could mean missing your opportunity to take action.

Let Us Help You Navigate Deadlines and Legal Options

Understanding the statute of limitations is essential for protecting your legal rights. At Wagner, Falconer & Judd, we help individuals and businesses navigate legal deadlines, evaluate potential claims, and take timely action. If you have questions about whether you still have time to file a claim, contact our team today. We’re here to provide guidance and ensure you don’t miss critical legal guidelines.

Don’t let time run out on your legal rights-reach out to us today!

If you’ve suffered a workplace injury, you may already be pursuing worker’s compensation for medical bills and lost wages. However, depending on your circumstances, you could be entitled to additional benefits.

Here are some key options to consider:

Temporary Partial Disability (TPD)

If your injury allows you to return to work in a reduced capacity-such as working fewer hours in a modified role-you may qualify for TPD benefits. These benefits help compensate for the difference between your pre-injury earnings and your current income.

Permanent Partial Disability (PPD)

After reaching maximum medical improvements (MMI), if your injury results in permanent reduction in your ability to work but you are still able to perform some job functions, you might qualifty for PPD benefits. These are often calculated based on the severity of your impairment and may vary by state. For instance, states may assign specific compensation amounts for the loss or impairment of certain body parts.

Permanent Total Disability (PTD)

If your injury has left you permanently unable to return to work, you may qualify for PTD benefits. These benefits are typically reserved for severe cases, such as total blindness, the loss of multiple limbs, paralysis or a loss of mental faculties. In many states, PTD benefits provide long-term financial support to cover living expenses.

State-Specific Programs

Some states offer additional programs or benefits for injured workers, such as vocational rehabilitation services to help you transition into a new career or industry. States may also have funds to assist employees whose employers lack sufficient worker’s compensation insurance.

Social Security Disability Insurance (SSDI)

If your injury prevents you from working for an extended period, you may qualify for SSDI through the federal government. These benefits are designed to provide long-term financial support for individuals with severe disabilities.

Employer Provided Benefits

Depending on your employers, you might have access to other resources such as short-term disability insurance, health benefits, or employee assistance programs (EAPs). Be sure to check with your HR department to learn what’s available.

Need help understanding your rights? Contact WFJ’s Employment Law team today to discuss your options and ensure your recovery is protected.