people's Lawyer


Have You Waited Too Long To File Suit?  

Under the law, there are limits on how long you have to bring any lawsuit. Lawyers call these a "statute of limitations." To see if you have waited too long, determine how long it has been since you have suffered the wrong for which you are going to sue. The law will not allow you to sue if you wait too long. In cases, such as a claim based on "tort" or under the Deceptive Trade Practices Act, you must bring your lawsuit within two years of when you learn of the problem. If you claim is for a breach of contract, you have four years from the breach to file your claim. It is recommended, however, that you file suit shortly after you have suffered a wrong. In most cases, this will allow you ample time to try to settle the dispute before you bring your lawsuit. Do not let the matter grow stale.

Legal time limits can get very complicated. If your claim arose more than two years ago you may want to consult an attorney and discuss this matter with him or her before you file your suit. The statute of limitations, however, is an "affirmative defense," and must be raised by the person you are suing or it will be waived.