What is a Statute of Limitations?

May 2020

A statute of limitations is a law passed by a legislative body which sets the maximum time to start a legal proceeding.  If the legal proceeding is not started by a certain date, the legal proceeding is time barred and will be dismissed.  Different types of claims have different statute of limitations.  In order to determine the correct statute of limitation for your claim, you should consult an attorney.  

In certain situations, a statute of limitation can be tolled.  This means that the time to start a claim can be extended.  Some common situations where the statute of limitations can be tolled are when the injured person is a minor or the injured person is incapacitated.  Again, you should contact an attorney to determine whether tolling applies to your situation.

With the current Safer At Home Order in effect in the State of Wisconsin, a person should be reminded that no statute of limitations are tolled as a result of the order.  The legal system continues to function and the courthouses are still open.

If you would like to talk to a lawyer, please consider contacting Herrick & Hart.  We have been helping the injured since 1951 and offer a free consultation on personal injury cases.

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