Statue of Limitations

Statute of Limitations (Your Name (Your University

2007

Statute of Limitations

Overview

Statutes of limitations are laws enacted by the legislature that fix and define the period of time within which a lawsuit may be brought or d before the court (Nolo Web site , n .d . The courts cannot grant an extension of the period unless the law itself authorizes it . The law enacted as a statute of limitations must provide reasonable time within which an action can be d otherwise , if it will be declared as unconstitutional for depriving

a person of a remedy accorded to him by law (West 's Encyclopedia of American Law , 1998

The period of time designated by the statutes of limitations vary depending upon the type of claim or cause of action the location , i .e varying from state to state and , whether the suit will be brought before a federal or state court (All Business Web site , n .d . Failure to the lawsuit within the period of time designated in the statute of limitations shall bar filing of the claim . However , there are exceptional circumstances when the courts allowed the filing of the claim by extending the period designated (All Business Web site , n .d

The importance of the statute of limitations is predicated on the principle of fairness and closure (All Business Web site , n .d . It is out of fairness that public policy requires a period of time within which a case may be d from the occurrence of the cause of action or controversy considering that evidence may be lost or may disappear There is lesser evidentiary value of evidence thus the best time to bring the action in court would be the closest to the occurrence of the cause of action (All Business Web site , n .d . Public policy also dictates that there would be closure or repose so that parties and people can live their lives without threats of legal interference Pursuing the action immediately reflects diligence of the injured party to prosecute his claims (All Business Web site , n .d .This is usually interpreted by the court as a genuine response of vigilance for an injury sustained by the injured party . Moreover , the court may apply the doctrine of laches should the action not be d within reasonable time (Lectlaw Web site , n .d

Statute of Limitations for Medical Malpractice in Florida

The Statute of Limitations which provide the period of time within which to bring an action against a health care provider for medical malpractice is governed by section 95 .11 (4 (b , Florida Statutes (Mc Millen Law Firm : A Professional Association Web site , 2006 . It provides that medical practice lawsuit must be brought within two years from the time the incident is discovered , or should have been discovered with the exercise of due diligence (Mc Millen Law Firm : A Professional Association Web site , 2006 . The action shall be barred if it is brought after 4 years except when the party in whose favor the...