The statute of limitations is a fixed period of time that legal action can be brought forward. The statute of limitations applies to both civil causes of action and criminal prosecution. A case cannot be heard if the statute of limitations on the event has expired.
There are many reasons that statutes of limitation exist, but they mainly exist because as time goes by important papers can be lost or destroyed, witnesses may die, and information may be forgotten. If a great amount passes between the accident and the time it is brought to trial, so much vital information can be lost that it becomes impractical to try to recover damages or prosecute someone.
The statute offers a reasonable period of time for both parties to prepare and present their case. The time frame is decided on by the legislature and cannot be changed without the proper authority.
Statutes of limitations are designed to mainly aid the defendant. A plaintiff, however, can prevent the dismissal of his action for untimeliness by seeking to toll the statute. When the statute is tolled, the running of the time period is suspended until some event specified by law takes place. Tolling provisions greatly benefit the plaintiff because this act extends the time within which he is permitted to bring suit.
Various actions can allow tolling provisions such as mental illness, legal disability, or a young child that is unable to testify. In some cases the toll will be lifted once the party is able to resume the proper ability to move on. An example would be once a child reaches legal age, or the disability is lifted.
Once the statute of limitations expires on a case, and either party raises the issue as a defense, the case is immediately foreclosed. No further legal action can be taken on the case whatsoever.
If you have had a motorcycle accident, you best course of action should be to get medical attention as soon as possible, and seek assistance for an experienced motorcycle lawyer who can help you with all of the legal details of your case.
Motorcycle Accident Lawyer Russ Brown created a FREE program for fellow bikers called "BAM." BAM offers free breakdown and legal services nationwide for motorcycle riders, Russ has been fighting for the rights of the motorcyclist on the road and in court since the early days of ABATE, MMA, and MRF. He has been the official legal counsel for various motorcycle organizations and clubs, and is currently the official legal counsel for Rolling Thunder.
If you or a loved one have been injured in a motorcycle accident call 1-800-4-BIKERS to speak with an experienced motorcycle accident lawyer who can explain your rights and offer assistance in securing compensation for your injuries and expenses.
If you have been injured in a motorcycle accident in New York, Pennsylvania, or Ohio you need an Aggressive Motorcycle accident lawyer to protect your rights! Call 1-800-424-5377 today! Rob Fleming is a Freelance writer for hire with over 10 years experience in Developing unique website content, Website Marketing, and SEO techniques. He has authored hundreds of powerful articles on building site authority and driving traffic to websites.
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