Introduction



Every business or start up owner must understand the Principle surrounding the Statute Of Limitation, in that it can determine before hand whether or not you can sue or be sued. This Post will explain the implication of statute of Limitation for your business, the various kinds of Statute of Limitation for civil claims, tolling of Statute Of Limitation, Exceptions to Statute Of Limitation and Violation of Statute Of Limitation.

A lot of civil claims bordering on contract and business generally has been lost simply due to the provision of Statute of Limitation.

The primary essence of having a Limitation Law is to ensure that all claims are diligently and promptly presented while the evidence in support of the claim, or the defence to a claim, is/are still available and the witness(es) memory is/are still fresh. A further essence for the Limitation Law is to guarantee finality in litigation. The effect of not commencing a law suit or judicial proceeding within the period limited for bringing the law suit is that such a law suit or claim will be extinguished after the time limited for commencing the law suit has elapsed.



Ignorance of the statutorily provided period for bringing a legal action, while having knowledge of the injury or loss, will not be a defence to a claim that is already statute-barred.

Statutes of limitations set the deadline or maximum period of time within which a lawsuit or legal claim may be filed. They vary depending on the circumstances of the case, the type of case or claim involved, and whether the lawsuit or claim is filed in state or federal court.


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-


1. Negligence: personal injury : 1 to 2 years;

2. intentional wrongdoing : 1 to 6 years

3. Breach of oral contract : 2 to 6 years

4. Breach of written contract : 3 to 6 years

5. Medical Malpractice : 1 to 4 years from act or occurrence of injury or 6 months to 3 years from discovery

6. Legal Malpractice : 1 to 3 years from date of discovery or 2 to 5 years from the date of the wrongful act

7. Fraud or mistake : 3 to 6 years from the date of discovery

8. A claim against a government entity : usually less than 1 year

9. Collection of federal income taxes : 10 years

10. State income taxes : varies from state-to-state; some states have no limit
Property damage : 2 to 10 years

Other claims includes


1. Enforcement of civil judgment - 5 to 25 years

2. tortuous malfeasance which includes damages for negligence or breach of a duty of care, account stated, etc, must be commenced within a period of six (6) years of the occurrence of the injury, loss or damage.
 
3. Actions based on any legal instrument under seal especially where such legal instrument relates to an interest or charge on land, or the arrears of an annuity charged on an immovable property, or the enforcement of an arbitration award where the Arbitration Agreement is under seal, or the judgment of a competent Court of Law, etc, must be commenced (or where a judgment or award is to be enforced) within a period of twelve (12) years from the period when the cause of action arose or the judgment or award was entered.
 
4. Twenty (20) years for a State Authority to bring a legal action to recover land.
Twelve (12) years to make any claim arising from a deceased person’s personal estate.


5. Two (2) years to recover any damages against concurrent wrongdoers under any civil liability enactment.


6. Three (3) years to file a claim for damages arising from a slander, nuisance, breach of duty of care, etc.


7. Three (3) Months for actions against Public Officers.



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................Read more: Visit www.legalify.ng/blog




Guest Post By Ikubuwaje Anthony Esq.