You are on page 1of 3

1. General concepts of torts.

2. Comparison between culpa contractual, culpa aquiliana and culpa criminal.


3. Legal provisions on quasi-delicts.

Statutes of Limitation for Civil Actions


The statute of limitations for filing a civil action varies from state
to state. Statutes of limitations usually allow a party at least one
year to file suit. The following are examples of statutes of
limitations for common civil claims:
Negligence: personal injury - 1 to 2 years; intentional
wrongdoing - 1 to 6 years
Breach of oral contract - 2 to 6 years
Breach of written contract - 3 to 6 years
Medical Malpractice - 1 to 4 years from act or occurrence of
injury or 6 months to 3 years from discovery
Legal Malpractice - 1 to 3 years from date of discovery or 2
to 5 years from the date of the wrongful act
Fraud or mistake - 3 to 6 years from the date of discovery
A claim against a government entity - usually less than 1
year
Collection of federal income taxes - 10 years
State income taxes - varies from state-to-state; some states
have no limit
Property damage - 2 to 10 years
Enforcement of civil judgment - 5 to 25 years

Before filing any suit, check to see what statute of limitations


applies in your jurisdiction.

Tolling the Statute of Limitations


There are certain circumstances in which the statute of limitations
is tolled or extended. Tolling prevents the time for filing suit from
running while the condition exists. Examples giving rise to tolling
include:
The hurt or damaged party is a minor
The defendant has filed for bankruptcy
A party is under a disability such as mental illness
An unconditional promise to pay a debt or unconditional
acknowledgement of a debt
Mere ignorance of the existence of a cause of action or the
existence of a statute of limitations generally does not toll the
limitations period.

Violation of the Statute of Limitations


If a lawsuit has been filed against you and you believe it is
untimely, it is up to you to alert the court. If the statute of
limitations has in fact expired, you could have the lawsuit
dismissed.

Statute of Limitations for Criminal Actions

For some crimes, including homicide, there is no statute of


limitations. A number of states have also abolished time limits for
bringing criminal charges in cases involving the alleged sexual
abuse of children. The statute of limitations for all other crimes
varies from jurisdiction to jurisdiction based on their general
classification as either felonies or misdemeanors. Generally, the
time limit starts to run on the date the offense was committed
and not from the time the crime was discovered or the accused
was identified.

Questions for Your Attorney


Is there a statute of limitations for collecting on a debt?
When did the limitations period start running on the medical
malpractice claim against my doctor?
What if it takes time to hunt down the driver involved in my
auto accident, does that extend the deadline for filing a
lawsuit against him?

You might also like