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Statute of Limitations: How Long Do You Have to File a Claim?

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When it comes to filing a claim, it’s important to know the statute of limitations. This is the amount of time you have to file a claim before it is no longer valid. The statute of limitations varies from state to state and depends on the type of claim you are filing.

In general, the statute of limitations for most civil claims is two to three years. This means that you have two to three years from the date of the incident to file a claim. If you fail to file a claim within this time frame, you may be barred from doing so.

The statute of limitations for criminal cases is typically much shorter. In most states, the statute of limitations for a felony is three to five years, while the statute of limitations for a misdemeanor is one to two years.

In some cases, the statute of limitations may be extended. For example, if the defendant is out of state or the victim is a minor, the statute of limitations may be extended. Additionally, some states have a “discovery rule” which allows victims to file a claim even if the incident occurred outside of the statute of limitations.

It’s important to note that the statute of limitations is not the same as the statute of repose. The statute of repose is a legal term that refers to the amount of time a person has to file a claim after the incident has occurred. This is typically much shorter than the statute of limitations and varies from state to state.

It’s important to be aware of the statute of limitations for any claim you are filing. Failing to file a claim within the allotted time frame may result in the claim being dismissed. If you have any questions about the statute of limitations for your claim, it’s best to consult with an experienced attorney.