Basics Of The Statutes Of Limitations

The Basics of Statutes of Limitations

Webster's Dictionary defines Statutes of Limitations as "a statute assigning a certain time after which rights cannot be enforced by legal action or offenses cannot be punished." In other words there is a time limit on which a case may be brought into court. The deadline varies on the circumstances of the case as well as they type of case (civil or criminal) or type of claim.

The reasoning behind having a statute of limitations include: fairness to those involved, the diminishing value of evidence, and the diligence on the part of the injured party.

Over time memory fades, and even evidence becomes lost or damaged. Some people want to move on with their lives without having to relive the past. So it only seems fair to these people that the statute of limitations is there to make it reasonable for them to move on with their lives.

Not only do our memories fade, but the important evidence pertaining to a case diminishes also. The best time to bring a lawsuit is to as close to the event that took place as possible. This is the time period when the best evidence is available to prove a party's case, whether to bring a case or to defend.

The injured party should be required to pursue an action with speed and efficiency. Simply put, the diminishing value of evidence and because of the importance of closure for all parties involved.

There are two major categories of the statute of limitations (civil and criminal). These categories depend on individual state and federal law.

Some of the statute of limitations for civil claims include:

Ð'‚ Negligence

Ð'‚ Breach of Oral Contract

Ð'‚ Breach of Written Contract

Ð'‚ Fraud or mistakesÐ'-the time commences on the date of discovery, not the occurrence.

Ð'‚ Federal Income TaxesÐ'-there is a limit of 10 years on collection of Federal Income Taxes.

Ð'‚ State Income TaxesÐ'-varies from state-to-state, some states have no limit.

Statutes of Limitations for West Virginia

WRITTEN CONTRACT ORAL CONTRACT INJURY PROPERTY DAMAGE

10 Years

5 Years

2 Years

2 Years

from nolo.com

When homicide is involved, there is generally no statute of limitations for prosecution. With what has been in the news in the past, persons committing murder 25 and 30 years ago are being investigated as the prime suspect.

There