Does Your Case Have An Expiration Date?

It is generally thought that every person is entitled to his or her day in court. But, in many cases, an invisible clock is running, counting down the time before a case can no longer be filed.

Statutes of limitations are rules set by state law which provide that certain legal actions must begin within a set time period or they are barred. These time limitations vary greatly depending on whether a matter is a civil case or a criminal case.

In general terms, criminal actions involve some offense against the State (such as murder, theft, or DUI), while civil actions involve an offense against the person (such as trespass, professional malpractice, or breach of contract). Many actions constitute both civil and criminal offenses. For example, when one person assaults another person, his act gives rise to a criminal action – because he violated the law – and a civil action – because he harmed the victim.

A civil action is commenced by filing a summons and complaint with the appropriate clerk of court. If this is not accomplished within the applicable statute of limitations, the case will be dismissed. Statutes of limitations might, at first glance, seem unfair but, in a general sense, these rules are supported by a number of public policy considerations. In civil cases, these time limitations encourage plaintiffs to act, rather than sitting on their rights, and provide potential defendants with the certainty that, after a set period of time has passed, they will not be summoned to court for a lawsuit.

In the civil context, the statute of limitations depends on the cause of action. The general statute of limitations is three years. This applies to many claims, including trespass, fraud, wrongful death, actions on contracts, or claims against insurance. Other causes of action are limited to two years, such as libel, slander, and false imprisonment.

But when does the clock begin to run? The law provides that the suit must be commenced within three years of the date that the plaintiff knew or should have known that he had a claim. For example, in a trespass case, though the defendant might have been trespassing on plaintiff’s land for years, if the plaintiff had no reason to know of the trespass, the statute of limitations will not run until he does. This rule makes good sense because, if the plaintiff did not know of his claim, it seems unfair to punish him for failing to file suit.

Yet in some cases, the Legislature has decided that the clock may begin running even if the plaintiff was not aware of the claim and had no reason to be aware. In medical malpractice claims, the law provides that, in addition to the three-year rule discussed above, a plaintiff may not institute an action after six years. This rule applies whether the plaintiff knew of the claim or not. The lone exception to this rule is in cases where a foreign object – such as a sponge – was left inside of a patient during surgery.

In criminal cases, the statute of limitations is much simpler. In South Carolina, it is generally true that there is no statute of limitations on criminal actions, though a handful of crimes contain limitations. This is not the case in all states. For example, the recent trial of former Penn State football coach Jerry Sandusky involved questions of the statute of limitations. Though Pennsylvania law was changed in 2002 to allow for charges up to the victim’s fiftieth birthday, many charges in the Sandusky case fell under the old law, which allowed for charges only 12 years after the victim’s eighteenth birthday.

Whether your case is civil or criminal, it is important to act on your rights in order to protect your case.