Beating The Statute Of Limitations: Filing Suit Is Only Half The Battle

We are frequently asked by clients to file suit in a case where the statute of limitations expires in a matter of a day—even hours. In some cases, we are asked to file in order to toll an impending statute of limitations and give the client more time to negotiate a settlement or take other action.

Some states have unusually short limitation periods, including Louisiana (1 year for personal injury and property damage) and Ohio (1 year for medical malpractice).

One and two-year limitation periods go by quickly in pending claims and filing suit is often necessary in order to preserve the right of subrogation.

An action is usually commenced within the applicable statute of limitations by filing a summons and/or complaint. Filing the complaint, however, is only the first step.

Where service of the complaint on the defendant is not pursued with reasonable diligence or obtained within a prescribed number of days after filing, the defendant may be able to argue that the statute of limitations has run and the lawsuit should be dismissed, even if it was timely filed.