What are Statutes of Limitations
August 26, 2023
Statutes of limitations are laws that set the amount of time a person has to file a lawsuit in a civil case or the amount of time the government has to prosecute a person for a crime. Thus, statutes of limitations are important in both civil and criminal law. They are important to know because if you don’t, you could lose your right to sue forever for injuries you have suffered.
Let’s talk about civil cases first. The key to know here is that if a person fails to file her lawsuit within the time set by the law, then the person forfeits or loses their right to vindicate that claim. In Tennessee, under Tenn. Code Ann. §28-3-104, the statute of limitations for an injury to a person is one year. This means, for example, that if you are injured in a car accident on June 1, 2023, then you must file your lawsuit before June 1, 2024. Within some narrow exceptions, you have one year from the date of the accident to file the claim.
Not all statutes of limitations in civil cases are one year. For example, Tenn. Code Ann. §28-3-103 provides that the time period to sue in slander cases is only six months. Meanwhile, the time period to sue for injuries to real or person property is three years according to Tenn. Code Ann. §28-3-105.
Bottom line, if you believe you have a civil cause of action, contact an attorney. Do not sit on it and wait for you could lose your right to sue forever.
As mentioned, there also are statutes that dictate the amount of time a prosecutor has to charge a person with a crime. The Tennessee Code calls these laws “limitation of prosecutions.” The time periods change depending on the seriousness of the convicted offense. For example, there is no statute of limitations for murder. Someone theoretically could be charged 20 or 30 years after he committed a murder. But, a prosecution for a Class A felony must be brought within 15 years, a Class B felony 8 years, a Class C or D felony four years, and a Class E felony two years. See Tenn. Code Ann. §40-2-101 for a listing of these. One notable exception are many crimes involving sexual allegations which have very long limitations on prosecutions.
Meanwhile, under Tennessee Code Ann. § 40-2-102, prosecutors generally must bring misdemeanor charges against an individual within one year after the date of the alleged offense. One reason for these statutes of limitations is that witnesses may not remember events after a certain point in time and evidence may be lost or damaged.
Statutes of limitations in civil cases are laws that set time limits for persons to sue in court for harm suffered. In criminal cases, they are laws that require prosecutors to bring criminal charges within a certain amount of time. It is hard to overstate their importance.
If you have questions about statutes of limitations in a civil or criminal case, contact the Lebanon TN attorneys at Hagar and Phillips immediately. We are here to help you in any way possible. Our deep knowledge of the legal system puts us in a great position to serve as your attorney in this confusing time. Use our Contact Form or give us a call today to learn more at 615-784-4588.
