Wednesday, September 9, 2009


Every and every claim including but not limited to injuries or damages arising from an accident, malpractice, workers' compensation, sexual harassment/abuse, commercial transactions or any other tort claim is governed by a statute of limitations.

The statute of limitations is the period of time a party has in which to file a lawsuit for the recovery of any injuries or damages that party has allegedly sustained. Failure to file a lawsuit prior to the expiration of the statute of limitations acts as a complete bar against the claim of relief and/or cause of action. In other words, the failure to file a lawsuit prior to the expiration of the statute of limitations prevents the party who is aggrieved or otherwise injured or damage from being able to pursue the party's legal rights and remedies pertaining to that claim.

Each and every state legislature has enacted legislation setting for the state's statutes of limitations. Hence, each state has a set of statutes of limitations for each claim or cause of action separate and apart from any other state. For example, in Idaho, the statute of limitations for filing a lawsuit for a recovery for personal injuries is two (2) years from the date in which the act, omission or occurrence complained of occurred; a claim for breach of an oral contract is four (4) years; and a claim for breach of a written contract is five (5) years. There are other statutes of limitations to consider for other claims and causes of action, too.

The purpose of the statute of limitations is to prevent parties from filing claims long after the "evidence trail" has become stale, i.e., over time a witness' memory fades and in some cases witnesses move or pass away. In order to encourage the timely resolution of all disputes, each legislature has enacted legislation in which a party may file a lawsuit to pursue their legal rights and remedies. Failure to act in a timely manner could result in your claim being forever time barred.

If you or a loved one has been injured or damaged, you should know that the statute of limitations is running; that is, the clock is ticking as to the time in which a lawsuit can be filed. If you or your loved one have a claim or are considering the filing a lawsuit, you should consult with an attorney immediately to make sure that your claim is pursued in a timely manner. Most, but not all attorneys, are willing to talk with a prospective client without charging a fee for the initial consultation. Therefore, you should make sure that the attorney you contact is willing to talk to you on a free consultation basis without charging you a fee for the initial consultation.

Remember, each state is different and each type of cause of action or claim of relief has a different statute of limitations. Under some circumstances, the expiration of the statute of limitations is tolled. Therefore, you should be encouraged to seek out and obtain a free consultation from a competent attorney to ensure that your legal rights are protected and preserved.

CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509

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